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Friday, February 27, 2004
U.S. and Mexico Enter into Agreements on Border Issues - 02/27/04
The agreements, signed on February 20, 2004, provide for the establishment of a U.S.-Mexico Coordinating Commission, binational law enforcement, increases surveillance and enforcement presence, improves response capabilities, addresses various repatriation issues, and calls for the expansion of SENTRI and FAST lanes. [ more ]
Thursday, February 26, 2004
Department of State (DOS) Says No Mass Migration From Haiti - 02/26/04
In a daily press briefing, Richard Boucher, Spokesman for the US Department of State Says No Mass Migration From Haiti. [ more ]
Department of Labor's final PERM regulation was sent to Office of Management and Budget (OMB) - 02/26/04
The Department of Labor's final PERM regulation was sent to OMB on February 23, 2004. OMB has up to 90 days to review the regulation and either return it for further work or send it on to the Federal Register for publication. DOL has indicated that the regulation would take effect 120 days after publication. If enacted, these regulations will change how Labor Certification are done. [ more ]
General Accounting Office (GAO) Finds Delays in Visa Processing Caused by Security Checks - 02/26/04
In a released report, the GAO Found Delays in Visa Processing Caused by the Visa Mantis Security Checks. On studying visa applications by science students and scholars, the GAO concluded that delays were caused by the way in which Visa Mantis information was disseminated by headquarters, insufficient instruction and feedback to Consular Officers, and that the FBI's systems are not interoperable with DOS's systems. [ more ]
Department of State (DOS) Standard Operating Procedures on Optional Practical Training (OPT) and the I-20 - 02/26/04
DOS reminds oversees Posts to review the I-20 carefully when adjudicating student visa applications for persons who will continue in a program of optional practical training (OPT) after classes. Page 3 of the student's I-20 must be properly annotated by a designated school official (DSO) before additional time in F-visa status can be approved. [ more ]
Department of State (DOS) Cable Defines Students for Summer Exchange Programs - 02/26/04
Guidance on determining whether or not a post-secondary student is eligible to participate in summer work/travel (SWT) exchange programs. As outlined in reftel, this program is only available to students actively pursuing a degree or full-time course of study at an accredited post-secondary institution. [ more ]
Department of State (DOS) Issues Guidance on Processing Mexican TNs under the NAFTA - 02/26/04
As of 1/1/2004, Mexicans may apply for TN status directly with a U.S. Consulate, the DOS cabled guidance to its posts on such issues as TN requirements, licensure, visa reciprocity, processing to be similar to procedures established to process Treaty Trader/Investor Visas, length of stay, part-time employment, spouses and minor children, and domestic servants. [ more ]
US Department of State Releases Country Reports on Human Rights Practices for 2003 - 02/26/04
The Department of State has just released and submitted to Congress the 2003 Country Reports for Human Rights Practices. The Country Reports provide a detailed analysis of human rights conditions in 196 countries, and are frequently cited as evidence in hardship, asylum, withholding of removal, and Convention Against Torture cases. [ more ]
Wednesday, February 25, 2004
Supreme Court Grants Certiori to Review Whether Driving Under the Influence (DUI) is a Crime of Violence - 02/25/04
The U.S. Supreme Court will decide whether, in light of Matter of Ramos, the petitioner who was convicted in Florida for driving under the influence with serious bodily injury, resulting in a 2½ year sentence, was convicted of a crime of violence and, therefore, an aggravated felony. Leocal v. Ashcroft. [ more ]
USCIS Publishes Notice Regarding H-1B Processing Now that the Cap is Reached - 02/25/04
This notice explains how the Bureau of Citizenship and Immigration Services (CIS) will process H-1B petitions for new employment for the remainder of Fiscal Year (FY) 2004 now that it is clear that the demand for H-1B workers will exceed the statutory numerical limit (the cap) for H-1B petitions for FY 2004. This notice is published so that the public will understand the procedure for processing H-1B petitions now that the cap is reached, as this procedure may affect the hiring decisions of some prospective H-1B petitioners. These procedures are intended to minimize confusion and burden to employers who use the H-1B program. [ more ]
Wednesday, February 18, 2004
H-1B CAP has been reached - 02/18/04
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap. See also attached H-1B Fact Sheet for 2003. [ more ]
Tuesday, February 17, 2004
2004 HHS Poverty Guidelines - 02/17/04
HHS has updated its poverty guidelines for 2004 to account for last year's increase in prices as measured by the Consumer Price Index. These data are used in determining ability to provide support in connection with the affidavit of support. The new guidelines took effect upon publication on 2/13/04. [ more ]
Thursday, February 12, 2004
March 2004 Visa Bulletin - 02/12/04
This bulletin summarizes the availability of immigrant numbers for the month of March 2004. [ more ]
Tuesday, February 10, 2004
US Immigration Issues Memorandum on Direct Filing as Special Immigrants International Organization Beneficiaries - 02/10/04
The attached USCIS memo provides instructions on direct mailing to the Nebraska Service Center for all Special Immigrant petitions and adjustment applications for eligible international organization beneficiaries. The direct mailing rule becomes effective on 2/23/04. [ more ]
Department of State Spokesman Addresses Saudi Non Immigrant Visas - 02/10/04
In a Press Briefing, DOS Richard Boucher in a question regarding the State Department considering relaxing visa processes and requirements for Saudi citizens seeking non-immigrant visas to the United States, he stated that "I think we're at a hundred percent or close to a hundred percent interviews in Saudi Arabia with very few exceptions...and we're not relaxing standards for anybody. [ more ]
H-1B Cap Cutoff Believed To Be Imminent - 02/10/04
According to AILA, reliable sources have indicated that enough cap-subject H-1Bs have been approved or are in the pipeline to reach the cap for this fiscal year, and that a notice cutting off cap-subject H-1B filings is imminent. [ more ]
Monday, February 9, 2004
Top immigration official in charge of detaining and deporting illegal immigrants in the Detroit region is under investigation for possible misconduct - 02/09/04
Federal investigators are looking into allegations that cash and property worth tens of thousands of dollars were stolen from illegal immigrants while they were held for deportation or court hearings, officials say. [ more ]
Friday, February 6, 2004
House International Relations Committee Holds Hearings on L-1 Visas - 02/06/04
On February 3, 2004, the House International Relations Committee held a hearing, "L Visas: Losing Jobs Through Laissez-Faire Policies?" The panel consisted primarily of witnesses who favored restricting the L visas, with only one supporter of the L program representing the high tech community. This hearing, which according to Representative Henry Hyde (R-IL) will be the first in a series of hearings on this issue, demonstrated the lack of knowledge about the differences between the H-1B and L-1 visas, erroneously blamed the L visa for current outsourcing, and did not recognize the importance of this visa as a tool to increase foreign investment and create American jobs. Committee members also pondered potential "fixes" to the L visa program including numerical limits and caps on the length of stay. [ more ]
Department of State Cable Updates the Foreign Affairs Manual to Account for Changes in Mexican TN Process - 02/06/04
The following are updates to the Foreign Affairs Manual to Account for Changes in Mexican TN Process. NAFTA allows investment, trade, and professional commerce services to take place, and thus affects four nonimmigrant visa categories in the U.S. Immigration and Nationality Act: Temporary Visitors for business (B-1); Treaty Trader and Investors (E); intra-company transferees (L) and NAFTA professionals (TN). [ more ]
Monday, February 2, 2004
USCIS To Propose Fee Increases of Approximately $55 Per Application - 02/02/04
Advance copy of proposed rule that would raise the fees for immigration-related applications and petitions by approximately $55 per application, and would raise the fingerprinting fee by $20 each. The rule appeared in the Federal Register publication on 2/3/04. [ more ]
With the H-1b Cap nearing, some H-1b applicant will not be affected by the cap - 02/02/04
Last week, the United States Citizenship and Immigration Service (USCIS) released a statement based upon the tabulation of FY 2004 First Quarter H-1B data. According to USCIS, the total number of cap case approvals and those pending in the queue for adjudication account for 43,000 that could count against the H-1B Cap for fiscal year 2004. [ more ]
Path the United States for Mexican TN Candidates made easier - 02/02/04
Some of the procedures necessary for Mexican TN candidates have been eliminated, easing the application process for Mexican nationals. Prior to January 1, 2004, Mexican nationals applying for TN visas were required to follow procedures similar to those of H-1B applicants. Included in the procedure were the filing of an I-129 petition and a Labor Condition Application. Now the procedure is similar to that of Canadians applying for a TN visa – Canadians were never required to file an I-129 or LCA. [ more ]
The Immigration Reform Act of 2004 (S. 2010) - 02/02/04
The following is a Fact Sheet on the Senate Bill S. 2010, The Immigration Reform Act of 2004. The fact sheet is produced by the offices of Senators Hagel and Daschle. [ more ]
Court Remands Case for Preliminary Injunction to Halt Termination of Medicaid Benefits for Permanent Residents - 02/02/04
The Tenth Circuit in Soskin v. Reinertson, (10th Cir. January 12, 2004), Remanded a Case for Preliminary Injunction to Halt Termination of Medicaid Benefits for Lawful Permanent Residents. [ more ]
Democratic Statement of Principles on Immigration Policy - 02/02/04
Below are a set of "statement of principles on the critical issue of immigration. We welcome this historic opportunity to re-craft our immigration policies in ways that better reflect our core values of family unity, fundamental fairness and economic opportunity. We believe the principles we set forth appropriately recognize the significant contributions immigrants make to our country and how much we all will gain from a more rational and responsible immigration policy. We are committed to immigration reforms that fix our broken immigration system and result in improved border security and controls." [ more ]
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