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Sunday, December 24, 2006
DEPARTMENT OF HOMELAND SECURITY IS DROPPING EFFORT TO TRACK IF VISITORS LEAVE - 12/24/06
Homeland Security Dept officials suspend plans to develop recognition system to determine whether foreign visitors leave US, in major blow to Bush administration's border security effort; security officials had described facial and fingerprint recognition system as crucial to security and to fight against illegal immigration; officials concede they do not have financing or technology, which could take 5 to 10 years to develop; they say creating program with existing technology would be prohibitively expensive; Congress reacts with alarm and some lawmakers warn that suspending plan would leave US vulnerable; some immigration analysts say suspension raises questions about commitment to enforce border security and immigration laws; some say that government has been too deferential to big businesses that are concerned that exit technology might disrupt travel and trade. [ more ]
Congress Approves Expanded Visa Access for Athletes - 12/24/06
On December 9, 2006, the House passed the Creating Opportunities for Minor League Professionals, Entertainers, and Teams through Legal Entry (COMPETE) Act of 2006 (S. 3821), following passage by the Senate on December 6, 2006. Once the President signs the bill into law, S. 3821 will expand P-1 nonimmigrant visa access to allow certain categories of athletes to perform or compete in the U.S. [ more ]
Congress Passes Physicians for Underserved Areas Act - 12/24/06
On December 9, 2006, the Senate passed the Physicians for Underserved Areas Act (H.R. 4997) by a voice vote, clearing the bill for enactment by the President. The bill extends a visa waiver program, often referred to as Conrad 30, that allows foreign physicians who work in underserved areas to remain in the country after completing their medical training. The authorization for the program expired on June 1, 2006. Once it is signed into law by the President, H.R. 4997 will reinstate the visa waiver program for an additional period of two years. [ more ]
Department of State (DOS) Releases January 2007 Visa Bulletin - 12/24/06
On December 12, 2006, the DOS released the January 2007 Visa Bulletin. Unexpectedly, following the November 1, 2006 retrogression of Schedule A visas, a small number of visas that were intended for use by consular offices in November were returned unused and became available for reallocation. The recaptured visas were made available to applicants whose priority dates are within the January cut-off date of June 15, 2004. The Schedule A Worker category will be removed from the Visa Bulletin listings beginning in February. [ more ]
Immigration and Customs Enforcement (ICE) Arrests Nearly 1,300 Workers in Worksite Raids - 12/24/06
On December 12, 2006, approximately 1,000 Immigrations and Customs Enforcement (ICE) agents entered six Swift & Company meatpacking plants located in Greeley, Colorado; Grand Island, Nebraska; Cactus, Texas; Hyrum, Utah; Marshalltown, Iowa; and Worthington, Minnesota with warrants permitting the agents to search and apprehend undocumented immigrant workers. According to a news release issued by ICE on December 13, agents arrested 1,282 undocumented immigrant workers on administrative immigration violations, including 65 who were also charged with criminal violations such as identity theft, re-entry after deportation, and other violations. ICE did not bring charges against Swift officials. [ more ]
Monday, December 18, 2006
Are your ready for and Audit? Employer Sanctions Practice Pointer: Conducting a Mock I-9 Audit - 12/18/06
With an increase in workplace enforcement and criminal penalties, it is more important than ever to emphasize to employers the importance of completing and maintaining I-9 forms properly. To ensure that your client is in compliance with Form I-9 requirements, it is important to encourage "mock audits" of the company's I-9 forms on a regular basis. A mock audit can be conducted either in person at the company location or at your office based on photocopies of the I-9 forms. Reviewing the I-9 forms provides you an opportunity to correct existing technical violations, train company representatives responsible for I-9 completion and tracking, and to help develop compliance procedures. [ more ]
2008 Diversity Visa Lottery Registrations - 12/18/06
Over 6.4 million entries for the 2008 Diversity Visa Lottery were received during the two-month electronic registration period, from October 4, 2006, through December 3, 2006. This is an increase from the more than 5.5 million applications received in the 2007 Diversity Visa Lottery. Taking into account dependents, there are more than 10 million participants in the 2008 Diversity Visa Lottery. [ more ]
Sunday, December 10, 2006
Blanket VisaScreen Denial Possible for Certain Filipino Nurses - 12/10/06
The Commission on Graduates of Foreign Nursing Schools (CGFNS) may deny VisaScreens to all registered nurses with licenses based on the June 2006 licensing exam given by the Professional Regulation Commission in the Philippines due to reports of widespread cheating on the exam. Consequently, CGFNS is considering a blanket denial of all VisaScreens for nurses licensed based on that exam. The Board of Trustees directed its staff and counsel to review and assess whether the licensure process followed in light of the challenged results of the June 2006 exam is "comparable" with that required for nurses licensed in America. The policy decision remains under consideration at CGFNS, and any possibly affected VisaScreen applications will be held in abeyance until a final decision is made. If the assessment concludes that the license is not comparable, the VisaScreen application from a June 2006 passer will be denied.
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Congress Passes Visa Relief for Nurses, Considers Visa Waivers for Physicians - 12/10/06
On Tuesday, December 6, Congress considered two bills that would extend visa relief to foreign nurses and physicians working in medically underserved areas of the United States. The Senate passed the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 (H.R. 1285), clearing the bill for enactment by the President. The bill extends for three years the Nursing Relief for Disadvantaged Areas Act of 1999, which provides for up to 500 foreign nurses to come to the U.S. annually on H-1C visas to work in medically underserved areas. The House passed H.R. 1285 on June 20, 2006. [ more ]
Executive Office for Immigration Review (EOIR) Announces the Addition of Four Member Positions to the BIA - 12/10/06
On December 7, 2006, EOIR announced an interim rule which would add four Board member positions, thereby expanding the Board to 15 members. The increase follows a review of the Immigration Courts and the BIA by the Deputy Attorney General and the Associate Attorney General, which resulted in a series of measures to improve adjudications by the immigration judges and the Board. The rule also expanded the list of individuals eligible to serve as temporary Board members to include senior EOIR attorneys with at least ten years of experience in immigration law. Temporary Board members provide the Board with assistance when there is an unanticipated increase in case numbers. The rule is effective December 7, 2006.
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USCIS Proposes Background Check Service - 12/10/06
On December 4, 2006, U.S. Citizenship and Immigration Services (USCIS) issued an announcement in the Federal Register of a proposal to add a new system of records, the Background Check Service, to the Department of Homeland Security's (DHS) inventory. USCIS developed the Background Check Service as a centralized repository that contains the consolidated data on all background check requests and results. Operated by Office of Field Operations, it allows authorized USCIS representatives to request background checks and access data stored in the system of records during the adjudication process of pending applications. The established system of records will be effective January 3, 2007 unless comments are received that result in a contrary determination. [ more ]
Department of Labor issues PERM FAQs, 11/29/06 - 12/10/06
DOL recently posted answers to frequently asked questions about PERM application withdrawals, alien experience, recruitment timeframes, and acceptable publications for recruitment advertising. Guidelines are provided on withdrawing certified and uncertified PERM applications, the inclusion of training in an employer's minimum requirements for the position, the counting of days to meet recruitment requirements and on the use of an electronic national professional journal to advertise recruitment. The complete questions and answers can be found below.
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USCIS Announces that the H-2B Cap for the First Half of FY 2007 Has Been Reached - 12/10/06
On December 5, 2006, USCIS announced that it had received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first six months of Fiscal Year 2007 (FY 2007). November 28, 2006 was the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to April 1, 2007. USCIS will apply a computer-generated random selection process to all cap-subject petitions received on that date. Petitions not randomly selected and petitions received after the "final receipt date" which request a start date prior to April 1, 2007 will be rejected. [ more ]
Supreme Court Issues Favorable Ruling in Drug Possession Case - 12/10/06
On December 5, 2006, the Supreme Court, in an 8-1 decision, held that drug possession convictions that qualify as state felonies, but would not qualify as felonies under federal law, are not "aggravated felonies" as defined under INA section 101(a)(43)(B) ("drug trafficking crimes"). (Lopez v. Gonzales, 12/5/06). The Court rejected the government's broad interpretation of what constitutes an aggravated felony and resolved a circuit split, stating in unqualified terms that, "Unless a state offense is punishable as a federal felony it does not count." Justice Souter authored the majority opinion, from which Justice Thomas dissented. [ more ]
Friday, December 1, 2006
DHS and DOS Announce Passport Requirement for Air Travel to U.S. Effective January 23, 2007 - 12/01/06
DHS and DOS announced that, beginning January 23, 2007, citizens of the U.S., Canada, Mexico and Bermuda traveling by air will be required to present a passport to enter the U.S. The only acceptable alternative documents to a passport for air travel will be the Merchant Mariner Document (MMD) and the NEXUS Air card. The MMD or "z-card" is issued by the U.S. Coast Guard to U.S. merchant mariners and may only be accepted when used on official business by U.S. Citizen Merchant Mariners. Members of the U.S. military, when traveling on official orders, may continue to present their military ID and orders for entry. The NEXUS Air card is issued to citizens of Canada and the U.S., lawful permanent residents of the U.S. and permanent residents of Canada who meet certain eligibility requirements and may only be accepted when used in conjunction with the NEXUS Air program.
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