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Tuesday, November 30, 2004
Advanced Degree H-1B Exemption Passed-Waiting for the President for signature - 11/30/04
House Republicans blocked the 9/11 bill which included many anti-immigration provisions and will not become law - there may still be one last opportunity to have 9/11 bill pass, in early December when Congress reconvenes. The FY 2005 omnibus bill appropriations was passed by the House and Senate with various immigration-related provisions. The bill now awaits the President's signature before it becomes law. Below are key changes to the H-1B and L-1 Visa program contained in the FY 2005 Omnibus Appropriations Bill. [ more ]
USCIS Issues Press Releases in English and Spanish on the New "Green Card" - 11/30/04
Commencing 11/15/04, the Department of Homeland Security (DHS) began issuing new permanent resident cards which include enhanced security features, the DHS seal on the front and prominently display the words "Department of Homeland Security" on the back.
[ more ]
DOJ Publishes Final Rule on US-Canada Agreement on Asylum Claims Made in Transit and at Land Ports of Entry - 11/30/04
Effective 12/29/04, the final rule adopts without substantial change the proposed rule implementing the 12/5/02 US-Canada agreement on asylum and refugee applicants barring certain aliens arriving from Canada, or in transit during removal from Canada, from applying for asylum and related protections in the US. [ more ]
Tuesday, November 23, 2004
2006 Diversity Lottery-Apply using the link below - 11/23/04
The State Department's registration period for the DV 2006 visa lottery runs from November 5, 2004 to January 7, 2005. Registration will be exclusively on-line. Please click on the attached link for more information. [ more ]
Major Changes In Foreign Labor Certification Processing coming soon - 11/23/04
PERM is a final rule that streamlines the filing and processing of foreign labor certification applications. It is currently awaiting clearance by the Office of Management and Budget (OMB). PERM is expected to be published before the end of 2004 and it will be operational within 60 days of its publication. [ more ]
Monday, November 22, 2004
Summary of L-1 & H-1B Amendments Included in Fiscal 2005 Omnibus Appropriations (H.R. 4818) - 11/22/04
The Senate and House this weekend passed an Omnibus Appropriations bill that includes H-1B and L provisions. Please note that the H-1B exemption goes into effect 90 days after enactment. [ more ]
Monday, November 15, 2004
Delays in Issuing SSNs to Aliens by the Social Security Administration - 11/15/04
As an employer, what do you do when your H-1b, L-1, E-2 or other visa authorized employee is having his social security number delayed by the social security administeration? Sometimes aliens experience significant delays in obtaining social security numbers. The consequences of these delays are discussed below. [ more ]
New Border Security Technology Being Tested in Arizona, Michigan and Texas - 11/15/04
Getting into America at three U.S. land crossings is about to get a little more complicated for some visitors. Gateways from Mexico at Laredo, Douglas, Ariz., and Port Huron, Mich have been chosen to begin testing the Homeland Security Department's increased border security technology on Monday. The Canadian border city of Port Huron, Mich., also is participating. [ more ]
Thursday, November 11, 2004
USCIS TO CONTINUE ISSUING “ADIT” STAMPS - 11/11/04
Until further notice, U.S. Citizenship and Immigration Services (USCIS) will continue the practice of issuing “ADIT” stamps. An “ADIT” Stamp is added to a passport or an Arrival-Departure Record (I-94) as temporary proof of residence. To alleviate inconvenience to our customers, USCIS continues to aggressively pursue technological improvements to allow the prompt issuing of permanent alien resident cards without the need to issue these temporary stamps. [ more ]
USCIS TO CONTINUE ISSUING “ADIT” STAMPS - 11/11/04
Until further notice, U.S. Citizenship and Immigration Services (USCIS) will continue the practice of issuing “ADIT” stamps. An “ADIT” Stamp is added to a passport or an Arrival-Departure Record (I-94) as temporary proof of residence. To alleviate inconvenience to our customers, USCIS continues to aggressively pursue technological improvements to allow the prompt issuing of permanent alien resident cards without the need to issue these temporary stamps. [ more ]
USCIS Issues Fact Sheet on the Child Citizenship Act of 2000 - 11/11/04
The USCIS has issued a Fact Sheet concerning the Child Citizenship Act of 2000 (CCA). The Fact Sheet addresses questions relating to automatic citizenship under the CCA, who is eligible under the CCA, filing of CCA applications, certificate and passport proof of citizenship, and eligibility of adopted children. Press on more to view the Fact Sheet.
[ more ]
Department of State (DOS) Issues Instructions on Registering for DV 2006 Program - 11/11/04
On November 9, 2004, the State Department published information and instructions in the Federal Register on how to submit an entry into the DV 2006 visa lottery program. The registration period runs from November 5, 2004 through January 7, 2005. [ more ]
U.S. Supreme Court Rules Driving Under the Influence (DUI) Is Not a "Crime of Violence" - 11/11/04
In a November 9, 2004 decision, the Supreme Court ruled unanimously that state DUI statutes that either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle are not "crimes of violence" under 18 USC section16. As a result, DUIs do not constitute an aggravated felony offense. (Leocal v. Ashcroft, 11/9/04). [ more ]
Tuesday, November 9, 2004
DHS Extends Time for Comment Submission on Expansion of US-VISIT to 12/1/04 - 11/09/04
The period for submission of comments to the interim rule extending US-VISIT to include Visa Waiver Program travelers, expanding US-VISIT to the 50 most highly trafficked land border ports of entry, and making several other minor changes to the US-VISIT program has been extended until 12/1/04. (69 FR 64477, 11/05/04). [ more ]
Friday, November 5, 2004
Fewer Foreign Grad Students Enroll in U.S. - 11/05/04
A new survey indicates the number of foreign graduate students enrolling for the first time at American universities is down 6 percent this year — the third straight decline after a decade of growth. Educators worry the trend is eroding America's position as the world's leader in higher education. [ more ]
Thursday, November 4, 2004
BIA Has No Discretion To Waive Living Sponsor Requirement For Employment-Based Visa Petition - 11/04/04
In Mahabir, et al. v. Ashcroft, No. 03-1059 (1st Cir. Oct. 22, 2004), the court said that under 8 CFR 1205.1(a)(3)(iii)(B), the BIA may not waive the requirement of a living sponsor for an employment-based visa petition, in marked contrast to the authority given in 8 CFR 1205.1(a)(3)(i)(C), which provided "humanitarian" discretion in the Attorney General to grant an adjustment upon the death of a relative where the family-based or immediate relative petition for adjustment was based on relative status. [ more ]
Honduras And Nicaragua TPS Filing Location Changes - 11/04/04
The USCIS announced that the filing location for TPS extension to July 5, 2006 has changed. Applicants should not submit applications to USCIS Service Centers and instead should file the re-registration application package at the USCIS Chicago Lockbox. [ more ]
Court: Statutory Right To Counsel Is Violated Where Entire Law Firm Is Disqualified From Representation - 11/04/04
In Baltazar-Alcazar v. Ashcroft, No. 02-73363 (9th Cir. Oct. 21, 2004), the court said that predicating a waiver on the summary disqualification of an entire law firm violated the statutory right to counsel of choice. The court also said that the notion of banning an entire law firm from representing a Petitioner, without providing either the attorney or the petitioner a hearing or opportunity to be heard on the exclusion, was extraordinary. [ more ]
Holiday Travel Reminder - 11/04/04
The USCIS issued a memo reminding individuals with either: an application for adjustment of status to that of lawful permanent resident, an application for relief under the NACARA 203 or an asylum application that they must obtain Advance Parole by filing Form I-131 with the USCIS before traveling abroad for the holidays. [ more ]
TPS Extended For Honduran And Nicaraguan Nationals - 11/04/04
The Department of Homeland Security announced a 18-month extension of TPS for Nationals of Honduras and Nicaragua. Applicants should file the re-registration application package at the USCIS Chicago Lockbox, and not at the USCIS Service Centers. [ more ]
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