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Friday, November 30, 2007
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process - 11/30/07
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed. [ more ]
Monday, November 26, 2007
USCIS Advisory on Processing Times; naturalization applications may take up to 1 1/2 years to process - 11/26/07
USCIS has received a significant increase in the number of applications filed. In July and August, nearly 2.5 million applications and petitions of all types were received. This compares to 1.2 million applications and petitions received in the same time period last year. This fiscal year, we received 1.4 million applications for naturalization; nearly double the volume we received the year before. The agency is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload. As a result, average processing times for certain application types may grow longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16-18 months to process. [ more ]
Friday, November 23, 2007
Fee increase triggers immigration applications deluge; may delay naturalizations - 11/23/07
According to a report by the Associated Press, Millions of people who applied for naturalization and other immigration benefits to beat a midyear fee increase are caught in a paperwork pileup that threatens the chances for some to become U.S. citizens in time to vote in next year's presidential election. The application backlog is so large that Citizenship and Immigration Services, a division of the Department of Homeland Security, is months behind schedule in returning receipts for checks written to cover fees, an early step in the process. [ more ]
Saturday, November 17, 2007
Department of State Issues Record Number of Visas to Students to Study in the United States - 11/17/07
The Department has issued a record number of visas to students to study in the United States, exceeding pre-9/11 levels. During Fiscal Year 2007, the Department issued more than 651,000 student
and exchange visitor visas - 10 percent more than last year and 90,000 more than were issued in Fiscal Year 2001. [ more ]
Friday, November 16, 2007
Federal jury finds detention center liable for mistreatment of Asylum Seeker - 11/16/07
A federal jury on Tuesday awarded a political asylum seeker $100,001 after finding that her rights were violated while in custody at a detention center operated for U.S. immigration authorities by a private contractor, the immigrant's lawyer said. [ more ]
Thursday, November 15, 2007
There is still time to file for the 2009 Diversity Visa Lottery Registration - 11/15/07
The DV-2009 Lottery online entry began on October 3, 2007, and ends at Noon EST on December 2, 2007. The English version of the 2008 Diversity Visa Lottery instructions remains available in PDF format for your convenience.
[ more ]
Brian F. Garmo Sworn in as New Lawyer - 11/15/07
Brian F. Garmo was sworn in yesterday as a new lawyer. Brian received his Juris Doctor from Wayne State University School of Law in May 2007. He also received his Bachelor of Arts degree in English Honors with a co-major in University Honors in May 2004 from Wayne State University. He has successfully worked on hundreds of employment-based cases. His experience includes working on all types of issues relating to U.S. Immigration Law. His immigration work is focused on complex H-1B's and Labor Certification cases including PERM, RIR, H1B1s, L1As, L1Bs and TNs. He also has experience working on family based cases. [ more ]
The Processing Times for Regional Service Centers Updated - 11/15/07
The Processing Times for the various immigration applications filed with the the regional service centers has been updated. To view, click on the Proc. Times to left and click on the appropriate Service Center to see how long it is taking to process your type of application or petition. [ more ]
Immigration and Customs Enforcement (ICE) Issues Directive on Parole in Presence of Credible Fear - 11/15/07
ICE Issues Directive on Parole in Presence of Credible Fear (.pdf 505 KB) Directive from ICE Assistant Secretary Julie Myers regarding parole of arriving aliens found to have credible fear. Click below to view the memo. [ more ]
EOIR Response to Asylum Variations in Immigration Court - 11/15/07
An 11/5/07 EOIR “Backgrounder” proposes that asylum adjudication does not lend itself to statistical analysis. The fact sheet also outlines EOIR’s efforts to ensure quality and improvement in adjudications. See below for a copy of the memo. [ more ]
Visa Bulletin for December 2007 - 11/15/07
Department of State has posted the December 2007 Visa Bulletin on its website. Section D provides projections on employment-based visa availability over the coming months for China and India. [ more ]
Thursday, November 8, 2007
DOL Clarifies Processing Procedures for H-2A Labor Certification Applications - 11/08/07
DOL clarifies certain procedures for State Workforce Agencies (SWAs) and Employment and Training Administration (ETA) National Processing Centers (NPCs) involved in the processing of H-2A labor certification applications for temporary agricultural employment of foreign workers in the United States. The November 6, 2007, Training and Employment Guidance Letter (TEGL) clarifies procedures with regard to filing; recruitment, including verification of employment eligibility; and housing. [ more ]
Proposed Rule Regarding Temporary Admission for HIV Positive Nonimmigrants - 11/08/07
DHS proposed a rule to amend regulations and authorize short-term, nonimmigrant visas and temporary admission for foreign nationals who are inadmissible solely because they are HIV positive. This is an important step since HIV applicants required a waiver before allowed to enter the US. [ more ]
DOL Announces Backlog FAQs "Round 7" - 11/08/07
The DOL's Office of Foreign Labor Certification recently made available Round 7 of the Backlog Frequently Asked Questions. The FAQs address some of the following issues: BEC transition to shutdown; how to get case status updates; cases closed at state office; "in process" cases; and BEC denials appealed to BALCA. [ more ]
USCIS Announces Revised Form I-9 - 11/08/07
On November 7, 2007, USCIS announced that a revised Employment Eligibility Verification Form (I-9) is available for use as well as the M-274, Handbook for Employers, Instructions for Completing the Form I-9. Key to the revision is the removal of five documents for proof of both identity and employment eligibility. They include: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); the old Alien Registration Receipt Card (Form I-151); the Reentry Permit (Form I-327); and the Refugee Travel Document (Form I-571). USCIS "encourages" use of the new form immediately, but indicates that it will not be required until notice is published in the Federal Register. [ more ]
Thursday, November 1, 2007
USCIS Publishes Final Rule on Travel for H and L Nonimmigrants - 11/01/07
This rule removes the requirement that certain H and L nonimmigrants returning to the United States following a trip abroad must present a receipt notice for their adjustment of status applications to avoid having such applications deemed abandoned. The purpose of this narrow change is to remove an unnecessary documentation requirement from the regulations that the Department of Homeland Security has determined causes an undue burden on H and L nonimmigrants. This rule is effective November 1, 2007. [ more ]
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