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Friday, January 26, 2007
DOL Update on BEC Public Disclosure System Case Type Field - 01/26/07
On January 10, 2007, the DOL changed their Public Disclosure System (PDS) for cases pending at Backlog Elimination Centers (BECs) to include the Case Type of the pending case (TR or RIR). As of January 19, 2007, an employer or authorized representative can follow a procedure to notify a BEC if they believe that the PDS reflects the incorrect case type for a pending case (e.g., if the case is listed as TR, but they believe it should be listed as RIR, or vice versa). [ more ]
DOS Update on Rejection of I-130 Petitions Filed at Consulates - 01/26/07
The Visa Office at the State Department has provided the following information to AILA in connection with the rejection of I-130 petitions at consular offices and their referral to the USCIS for adjudication:
“Recent legislation has led to changes in the procedures American citizens resident abroad will follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa. Effective immediately, the immediate relative petition (I-130) must be filed with the USCIS office responsible for the petitioner's place of residence (that is, the place of residence of the American citizen who is filing the petition). [ more ]
Thursday, January 25, 2007
DHS Announces that Passport Requirement for Air Travel Begins 1/23/2007 - 01/25/07
On 1/23/07, DHS announced that citizens of the United States, Canada, Mexico, and Bermuda are now required to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere. This requirement does not apply to citizens when arriving by land or sea. These rules will go into effect in 2008. [ more ]
Applications for Replacement Naturalization/Citizenship Doc. to be Filed with NSC (Nebraska) or TSC (Texas) - 01/25/07
USCIS issued a notice that beginning 2/26/07 Forms N-565, Application for Replacement Naturalization/Citizenship Document should be mailed to the NSC or the TSC, depending on the applicant's place of residence. (72 FR 3402, 1/25/07). [ more ]
DOS Cable Implementing Section 402 of the Adam Walsh Child Protection And Safety Act Of 2006 (P.L. 109-248) - 01/25/07
The State Department is directing referral of all I-130 petitions filed at consular posts to the USCIS for adjudication. Please see below for details. [ more ]
Thursday, January 18, 2007
President Signs Physicians for Underserved Areas Act - 01/18/07
President Bush signed H.R. 4997, the "Physicians for Underserved Areas Act," reauthorizing the J-1 waiver program for physicians to work in medically underserved areas. [ more ]
Senate Judiciary Committee held a hearing on “The Plight of Iraqi Refugees" - 01/18/07
On 1/16/07 the Senate Judiciary Committee held a hearing on “The Plight of Iraqi Refugees.” Included here is testimony from the Honorable Ellen Sauerbrey, two Iraqi refugees (“Sami” and “John”), Captain Zachary J. Iscol, Lisa Ramaci-Vincent, Ken Bacon, and Michel Gabaudan. [ more ]
DHS & DOS Issue Reminder of Passport Requirement for Air Travel as of 1/23/07 - 01/18/07
DHS and DOS issued a reminder that beginning 1/23/07 citizens of the U.S., Canada, Mexico and Bermuda are required to present a passport to enter the U.S. when arriving by air from any part of the Western Hemisphere. This does not apply to arrivals by land or sea. [ more ]
Tuesday, January 16, 2007
Visa Bulletin for the Month of February 2007 just released - 01/16/07
The Department of State just released the Visa Bulletin for the Month of February 2007. Click below for the link. [ more ]
Monday, January 15, 2007
IRAQ'S S, M, N SERIES PASSPORT NOT VALID FOR TRAVEL TO U.S. - 01/15/07
Effective January 8, 2007, the United States will no longer issue visas in Iraq S M or N series passports or accept them for admission to the United States. The G series Iraq passport, which incorporates robust, effective security features, can be used for visas or travel to the United States. Iraqis with S , M or N series passports who wish to travel to the United States should contact the nearest Iraqi embassy to find out how to obtain a G series passport. [ more ]
Friday, January 12, 2007
H-1B Spouse's Dependent Time Does Not Count Towards The 6-Year H-1B Limit - 01/12/07
In a positive development, the US Citizenship and Immigration Services (USCIS) issued a Memo (issued by Michael Aytes, Associate Director, Domestic Operations, USCIS, dated December 5, 2006) clarifying that time spent as a dependent spouse of an H-1B or L-1 visa holder does not count against the maximum allowable periods of stay available to principal visa holders. Click below for a copy of the memo. [ more ]
Immigration (USCIS) Launches Online Change of Address Service - 01/12/07
On 1/12/07, USCIS launched a web-based service that allows applicants to change their address online. Click below for a link to the memo. [ more ]
DOL to Publish Proposed Rule Amending Regulations for E-3 Visa Applicants from Austerlia - 01/12/07
On January 12, 2007, the DOL published a proposed rule in the Federal Register amending the H-1B and H-1B1 regulations in 20 C.F.R. Part 655, Subparts H and I, to extend the procedures therein, with exception, to E-3 visas. The regulations will be amended to meet the statutory requirements in INA Section 212(t), which parallel the labor condition application requirements for H-1B visas in INA Section 212(n). [ more ]
P-1 Nonimmigrant Classification is Expanded - 01/12/07
A December 28, 2006, Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, USCIS, addresses the expansion of P-1 nonimmigrant visa classification under Public Law 109-463, Creating Opportunities for Minor League Professionals, Entertainers, and Teams through Legal Entry Act of 2006 (COMPETE Act of 2006). The P-1 classification now includes certain athletes and performers seeking admission to perform in a competition or theatrical skating production, formerly classified as H-2B nonimmigrants. [ more ]
Nursing Relief for Disadvantaged Areas Act of 1999 Reauthorized - 01/12/07
A December 26, 2006 Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, USCIS, notifies officers that Congress reauthorized the Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA) for an additional three years with the enactment of Public Law 109-423 on December 20, 2006. The Act established an H-1C program to reduce the shortage of qualified nurses in Health Professional Shortage Areas (HPSAs) by allowing qualifying hospitals to employ temporary foreign workers as registered nurses for up to three years. The provisions of the Act take effect immediately with revisions of the regulations to follow. In accordance with previous practice, all Form I-129 petitions for H-1C classification will be adjudicated by the Vermont Service Center. [ more ]
Department of Labor (DOL) Extends Deadline to Request RIR Conversion "Hold Harmless" Opportunity - 01/12/07
On January 10, 2007, the DOL's Office of Foreign Labor Certification (OFLC) announced that the deadline to e-mail the Backlog Elimination Centers (BECs) to request RIR Conversion during the "Hold Harmless" period has been extended to Midnight EST, on January 22, 2007, because the original deadline date fell on a Saturday. On a related note, the DOL recently clarified RIR conversion issues raised in the "Hold Harmless" FAQs. The clarifications address challenges to the prevailing wage, changes to the ETA-750 that would constitute a new job opportunity and conversion cases where the BEC has already placed the job order. [ more ]
Saturday, January 6, 2007
USCIS Overwhelmed - 01/06/07
Homeland Security Inspector General issued a report last month concluding that the USCIS is overwhelmed by its current workload due to its antiquated technology and failures of modernization initiatives, and therefore "lacks the processing capacity, systems integration and project management resources needed to manage a potential increase in workloads." [ more ]
Friday, January 5, 2007
Department of Labor (DOL) Answers FAQs on "Hold Harmless" Period for RIR Conversion - 01/05/07
In a list of Frequently Asked Questions on the "hold harmless" period for Reduction in Recruitment (RIR) conversion opportunities, the Department of Labor addresses the types of cases appropriate for RIR conversion requests; program participation requirements; how to challenge a prevailing wage determination; "hold harmless" benefits; a Pattern of Recruitment for RIR purposes; and reasons for denial. Also included is a draft email declaration of intent to convert to RIR. The full list of questions and answers is posted below. [ more ]
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