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Wednesday, December 31, 2003
New U.S. Entry-Exit System Aims to Enhance Security, Reduce Fraud in English and Arabic - 12/31/03
The New entry-exit procedures for visitors traveling on visas to the United States will be fast, effective, enhance security and reduce opportunities for fraud, says Department of Homeland Security. Developed in response to a congressional mandate, US-VISIT (United States Visitor and Immigrant Status Indicator Technology) -- an automated entry/exit system -- will require most visitors traveling on visas to the United States to have two fingers scanned by an inkless device and a digital photograph taken by immigration officials upon entry at U.S. air and seaports starting January 5, 2004. For a complete reading or to go to the Arabic version, please click on more. [ more ]
US VISIT to Begin January 5, 2004 - 12/31/03
The Department of Homeland Security is slated to begin operation of the US VISIT program on January 5, 2004, at 115 airports and 14 seaports. The Customs and Border Protection unit of DHS has indicated to AILA that only persons entering with a visa will be subject to this registration program, which involves the taking of fingerprints of the two index fingers and a photograph at the port of entry. [ more ]
US State Department Bar-Coded Form DS-156 Required for Visa Revalidations - 12/31/03
AILA has reported that the US State Department Visa Revalidation Unit has advised AILA that only the Form DS-156 bearing a bar code will be accepted by that unit. The version of the form that generates the bar code can be found on the DOS' website. Click on more for the pdf copy of the form. [ more ]
Tuesday, December 30, 2003
AILF Practice Advisory: The Child Status Protection Act - 12/30/03
The american Immigration Law Foundation has just issued an advisory regarding The Child Status Protection Act which was enacted to provide relief to children who "age-out" as a result of delays in processing visa petitions and asylum and refugee applications. This practice advisory provides an overview of the CSPA and its implementation. [ more ]
Friday, December 26, 2003
IRS Announces Revisions to Individual Taxpayer Identification Number Applications - 12/26/03
The Internal Revenue Service today announced several steps to strengthen controls over the issuance of Individual Taxpayer Identification Numbers. The changes will help ensure that ITINs are issued for their intended tax administration purpose for administering the tax code and not for other reasons, such as providing personal identification. In addition, the IRS is taking steps to help ensure that applicants can continue to obtain ITINs without undue burden. [ more ]
Update On Asylee Adjustment Class Action - 12/26/03
In response to the class action Ngwanyia v. Ashcroft filed by the American Immigration Law Foundation (AILF) and co-counsel, the United States Citizenship and Immigration Services (CIS) has adjusted a record 2500 asylees in the first two months of the fiscal year. [ more ]
IRS Outlines How Employers Can Respond to SSN No-Match Situations - 12/26/03
A letter from the IRS to the Chair of the Information Reporting Program Advisory Committee outlines the penalties for including incorrect information in an IRS filing, and outlines how employers can satisfy their obligations in this regard in social security number no-match situations. [ more ]
HHS Reopens Physician Waiver Program - 12/26/03
The US Department of Health and Human Services recently reopened its J-1 waiver program for physicians working in underserved areas. The program was closed several months ago without warning or explanation. When it reopened, several additional rules were announced that will significantly reduce the number of physicians that will be eligible for waivers. [ more ]
Court holds that detention under section 236(c) is limited to a reasonable period - 12/26/03
The Sixth Circuit in Ly v. Hansen held that detention under section 236(c) is limited to a reasonable period to initiate and conclude removal proceedings promptly. It held that where actual removal is not reasonably foreseeable, a person cannot be indefinitely detained wihtout strong special justification. [ more ]
FTC Issues Alert Regarding USA Immigration Services and DV Lottery Applications - 12/26/03
The Federal Trade Commission is alerting potential DV Lottery applicants who bought services from USA Immigration Services to register their DV applications directly with the Dept. of State on the DOS website. Registration for the DV Lottery ends on 12/30/03. [ more ]
Thursday, December 18, 2003
Department of Labor Issues Revised Guidelines on Reduction in Recruitment (RIR) Requests - 12/18/03
On November 20, 2003, the Department of Labor (DOL) distributed a memo to all Certifying Officers containing new guidelines for Reduction in Recruitment (RIR) processing. The purpose of the memo was to address the DOL’s remand policy for RIR cases due the labor market conditions and the backlog of regular process cases at the state workforce agencies. [ more ]
USCIS Offers New Customer Service Features Online - 12/18/03
USCIS announced added online customer features this month including current processing times for all service centers and district offices. The other feature allows the use of credit cards for payment of cases filed under the relatively new eFile program. Previously, applicants were required to supply routing numbers, account numbers and other bank information to make payment via electronic funds transfer (EFT). USCIS accepts Visa, MasterCard, American Express and Discover credit cards for payment, as well as debit cards associated with those accepted credit cards. Applicants also retain the ability to pay via EFT. [ more ]
Wednesday, December 17, 2003
USCIS Memo on Final Regulation on Certification of Foreign Health Care Workers - 12/17/03
USCIS memo dated 09/22/03, from William R. Yates /s/ Janis Sposato HQUSCIS provides guidence on the Final Regulation on Certification of Foreign Health Care Workers: Adjudicator's Field Manual Update. [ more ]
Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence - 12/17/03
In a policy memo dated 12/02/03, William R. Yates, from USCIS headquarters, released a memo on Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence. [ more ]
Visa Bulletin for January 2004 - 12/17/03
The visa bulletin summarizes the availability of immigrant numbers for the month of January 2004. Please click Proc. Times and then Visa Bulletin.
[ more ]
USCIS Confirms That the H-1B Cap Has Not Been Reached - 12/17/03
In reply to AILA-USCIS Liaison Chair, William R. Yates, Deputy Director, Citizenship and Immigration Services stated that the H-1b cap has not been reached and does not expect it to be reached until this spring. [ more ]
Friday, December 5, 2003
Special Registration Has NOT Ended - 12/05/03
The following is an advisory, issued jointly by AILA and the ACLU Immigrants' Rights Project, delineates what has and has not changed in the recent amendment to NSEERS rules. Reports that Special Registration had "ended" are NOT correct. [ more ]
Tuesday, December 2, 2003
Special Registration Suspended! What does it all mean? - 12/02/03
The Department of Home Land Security has published the interim regulation "suspending" the re-registration requirements for NSEERS. Despite media reports, Special Registration is NOT being eliminated. [ more ]
Monday, December 1, 2003
Special Registration (NSEERS) 30-DAY AND ANNUAL INTERVIEW REQUIREMENTS SUSPENDED - 12/01/03
The Department of Homeland Security today announced that it will suspend the formal requirement for individuals previously registered in the National Security Entry/Exit Registration System (NSEERS) to re-register after 30-days and one year of continuous presence in the United States. The interim rule outlining the new procedures will take effect immediately with publication in the Federal Register, and allows for a 60-day public comment period. [ more ]
Questions and Answers on Suspension of NSEERS - 12/01/03
The Department of Homeland Security has suspended the 30-day and annual interview requirements from the special registration process for certain non-immigrants. An interim rule will be published in the Federal Register on December 2, 2003, which provides for a 60-day public comment period. [ more ]
NSEERS 30-DAY AND ANNUAL INTERVIEW REQUIREMENTS TO BE SUSPENDED - 12/01/03
The Department of Homeland Security today announced that it will suspend the formal requirement for individuals previously registered in the National Security Entry/Exit Registration System (NSEERS) to re-register after 30-days and one year of continuous presence in the United States. The interim rule outlining the new procedures will take effect immediately with publication in the Federal Register, and allows for a 60-day public comment period. [ more ]
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