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THE OH LAW FIRM

Dedicated Professionals in Immigration Law for Over 25 Years@

The posting in the Breaking News requires visitors' some level of knowledge of immigration issues. Reading one posting without closely following previous postings will result in reading it out of context. The laws, policies, and practices of agencies are constantly changing and people should be careful in reading old postings. People should not take the news in this page as a legal advice. The purpose of Breaking News is to feed into the immigrant communities up to the minute news, especially inside information of agencies' decision making. Just like any other news reporting, the life span of the news can be very short. This is not a text book or a law book. It is a "news report." This site will welcome "only" those visitors who follow the news reports everyday just like the subscribers of daily newspapers. The sole purpose of this site is to serve the immigrant communities..

Current Page[08/01/2008 - Present]/Archive XVII[03/31/2008 - 07/31/2008]Archive XVI[08/01/2007 - 03/31/2008/Archive XV [04/30/2007 - 07/31/2007]/Archive XIV[06/15/2006 - 03/31/2007]Archive XIII [12/01/05 - 06/14/06]/ Archive XII [08/01/05 - 11/30/05]/Archive XI [04/30/05 - 07/31/05

03/29/2008: Missed Legislative Opportunity to Cure OPT H-1B Cap Predicament

• We reported late last year that 20 some Senate leaders urged the Homeland Security Deparmtment to take an action to extend the period of OPT from the current one year to 29 months and for the purpose of change of status to a H-1B visa status, the OPT students be considered in status during the H-1B cap filing period. Thus far the DHS has failed to act on the recommendation. Now we are facing a crisis for some of these OPT students to submit FY 2009 H-1B change of status filing for their inability to prove their nonimmigrant status valid through October 1, 2008.
• Without much public publicity, the Senator from our State of Minnesota, Mr. Norm Coleman, introduced a legislative bill in the Senate as early as February 14, 2008 that provides the so-called cap-gap relief to these OPTs by considering such OPTs in status before the beginning of the next fiscal year. Had this bill been passed and signed, the country could have avoided the current crisis.
• This bill is still pending before the Judiciary Committee of the U.S. Senate. Even though this bill is too late to give a relief to the OPTs for FY 2009 H-1B filing, we hope that the Congress would support and pass the bill as soon as possible. This bill also includes reinstatement of the employment-based nonimmigrant visas such as H and L revalidated within the U.S. The revalidattion of these visas within the U.S. has been terminated for the last few years giving tremendous hardships on these foreign workers who are critically needed, particularly under the circumstances of increased security clearance and related visa processing delays at the visa posts. We urge the leaders of the Senate Judiciary Committee and for that matter, members of the Senate and House as a whole to act on this bill when they return to the Hill on Monday, March 31, 2008. This Action Act of 2008, S. 2653, also needs the White House support and push. For the full text of the bill, please click here.
• We want to take this opportunity to print his statement on the Senate floor to call the community's attention to the important issues involved:
  • Mr. President, today, along with my distinguished colleague from New Mexico, Senator Bingaman, I am introducing legislation to restore and enhance our Nation's competitiveness for international students, scholars, scientists, and exchange visitors, and better facilitate legitimate business travel to the U.S. In the immediate aftermath of the events of 9/11, it was necessary to take the steps we did to improve and enhance our Nation's security. But in the more than 6 years since 9/11, these well-intentioned changes have had unintended consequences, stifling legitimate academic and scientific exchange and international business travel, and tarnishing our Nation's image around the world. Three years ago, Senator Bingaman and I introduced a similar bill designed to reverse the decline in the number of foreign students studying at American colleges and universities. At that time, international applications to U.S. graduate schools and to English as a Second Language, ESL, programs were plummeting, and visa delays were numbering in the thousands. Visa delays were also negatively impacting the scientific and business communities, resulting in billions of dollars of losses for the U.S. economy, as scientific research, conferences, and business meetings had to be canceled and shifted to overseas locations. Over the past 3 years, there have been improvements with visa issuance, and it is the State Department's Bureau of Consular Affairs, particularly Assistant Secretary Maura Harty, who deserves much of the credit. I am pleased with their advancements to enhance consular staff; adopt newer, more efficient technology; offer international students, scholars, and exchange visitors preferential consideration when scheduling in-person interview appointments; and extend security clearance validity. The Department also has established a business visa center to field inquiries from U.S. businesses and their worldwide counterparts, although the center cannot expedite in-person interview appointments or the processing of visa applications. This is not to say that visa delays have disappeared entirely. Delays do continue to occur, albeit not at the huge volume they once were. Because of this, there is a lot of lingering uncertainty about the process which generates a great deal of concern for international students, scholars, exchange visitors, and business travelers, and reinforces a perception that America is not a welcoming place for international visitors. Indeed, serious concerns remain regarding the U.S. position in the competition for international talent, particularly among higher education, the scientific community, and the private sector. Our competitiveness problem is not just a visa problem--we cannot solve it simply by fixing the visa problems that were created after 9/11. The U.S. now faces strong competition for international students, scholars, scientists, and exchange visitors. The United Kingdom, Australia, New Zealand, and the European Union all have coordinated, government-led strategic plans in place for attracting international students and scholars to their colleges and universities. Even our neighbor to the north, Canada, plans to announce a strategic plan this year. Meanwhile, traditional sending countries such as China and India are expanding their own higher education offerings, both to retain more of their own students and to attract international students. In the face of this competition, the U.S. still struggles along with piecemeal efforts, with each positive action seemingly cancelled out by a negative action and persistent negative perceptions. The results are worrisome. While international student enrollment in the U.S. declined in both the 2003-2004 and 2004-2005 academic years, and remained stagnant in 2005-2006, over the same period, enrollment in the United Kingdom jumped more than 80,000, in Australia and France more than 50,000, and in Germany and Japan more than 20,000. In 2006, then-U.K. Prime Minister Tony Blair announced a goal of attracting an additional 100,000 international students to Great Britain in the next 5 years. Although we have started to see the enrollment numbers tick upwards slightly just this past year--in Minnesota, 9,048 international students were studying at colleges and universities last academic year, contributing $186.4 million to the state's economy--it is still below the peak level of 9,143 achieved in 2003-2004, so there is still ground to make up for what was lost over the past 3 years to ensure we regain our place as the most desired destination for study and for research. Even if we return to pre-9/11 numbers, we may find we have lost market share to competing nations. Why should this matter to the U.S.? Recent public opinion polls taken around the world show that the U.S. has fallen out of favor. But these same polls also show that foreigners who have personally visited the U.S. have a significantly more favorable opinion than those who have never visited. International students and scholars benefit greatly from their experiences in the U.S., not only from their studies and research, but also from living in daily American life. They carry these experiences home, often becoming ambassadors of goodwill and understanding. Many go on to achieve leadership positions in their home countries in government, business, or education. These exchanges also benefit American students, researchers and business colleagues, who similarly have the opportunity to learn about another culture in this globalized world. Two expert commissions recently issued recommendations citing international educational exchange as a critical form of public diplomacy outreach. Last November, the Center for Strategic and International Studies' Commission on Smart Power cited international educational exchange as a key element for improving America's declining standing and influence in the world. Just last month, the Secure Borders and Open Doors Advisory Committee, a federal advisory committee tasked by the Departments of Homeland Security and State to provide recommendations on the Departments' missions to protect not only America's security but also our economic livelihood, ideals, image, and strategic relationships with the world, cited the need for a proactive national strategy to mobilize all the tools and assets at our disposal to attract international students and scholars to the U.S. International students and scholars are not only important for public diplomacy, they also are essential for our Nation's global competitiveness. They make significant contributions to our economic growth and innovation. According to recent National Science Board data, nearly half of all graduate enrollments at U.S. colleges and universities in the science and engineering fields are international students. And these students often go on to positively impact future research and technology output in this country. I strongly support efforts to build up America's own supply of science and technology talent, but we also must continue to actively attract international talent to our shores if we are to retain our innovative edge. It is a reality of our time that, at the high-skill level, the temporary immigration system has become a conveyor belt of talent into the permanent immigration system. Most foreign students do want to go home after graduation, but some want to stay and use the knowledge they have acquired at our universities. For example, Ms. Indra Nooyi, the current CEO of PepsiCo, the world's fourth largest food and beverage company, is herself a former international student who received her master's degree from Yale University's School of Management. So it is for all these important reasons that Senator Bingaman and I once again introduce legislation on this important issue: The American Competitiveness Through International Openness Now, ACTION, Act of 2008. This year's bill once again calls for the establishment of a strategic plan for increasing the competitiveness of the U.S. in recruiting international students, scholars and exchange visitors. The U.S. can no longer sit back and rest on its laurels when engaging in this global competition, especially when all of our competitors clearly have stepped up their game. Our biggest problem is our inability to marshal the efforts of all the relevant agencies into one coherent effort. Too often, these agencies work in an uncoordinated manner, or worse, at cross purposes. The PR blunder cases, where one arm of our government sets up exchange programs to attract people and another arm of the government detains them at the border, is only the tip of the iceberg. Our legislation would create a White House-chaired International Education Coordinating Council to guide the work of the myriad agencies that affect our competitiveness for international students and exchange visitors. One of the most important provisions in the legislation would remove the nonimmigrant intent requirement for international students, the so-called 214(b) rule. This outdated requirement that all applicants for student visas must intend to return home after their studies makes no sense, especially when talent-starved high-tech industries actively court international students upon graduation. As I stated earlier, our ability to attract international talent is essential to sustaining our competitive edge in the world. Retaining such a requirement is simply out of step in this day and age, especially when most of our competitors are going out of their way to enact policies to make it easier for international students to stay after graduation. The bill calls for further improvement in the timeliness and efficiency of the visa issuance process for those in the sciences. It directs the Secretary of State to issue guidance to reduce the length of time to issue visas to scientists to a maximum of 30 days, and to provide a special review process for those cases that are delayed more than 45 days. It also directs the Secretary of State to review and update the Technology Alert List on a regular basis, and to consult with academia and the private sector as part of this review, to ensure the list reflects the current state of technology. It also calls for expediting visa reviews for so-called ``Trusted Travelers'': easily identifiable, low-risk frequent travelers who have a history of past visa approvals, haven't violated their immigration status, and have provided their biometric data, plus any additional information required, to the consulate. This would both ease travel for these individuals and permit consular resources to be focused on more important cases. There is also a provision to also allow expedited visa reviews for international students, scholars and exchange visitors who leave the United States temporarily to visit their families or attend conferences and require a new visa to return to the same program. Today, these people can be stranded abroad for months without being able to return to their programs. The legislation calls for the reinstatement of domestic or stateside visa renewals for those here on employment-based non-immigrant visas. This practice was discontinued in 2004, because U.S. consulates abroad were better equipped to collect the required biometric data from the renewal applicant. Given today's available technology, we should seek to reinstate this practice. This would help to alleviate the volume of renewal applicants at our overseas consulates, as well as help renewal applicants who often opt to forgo travel overseas due to the uncertainty of timely and efficient processing of their renewal applications. Finally, there has been much public debate about driver's licenses and Real ID. In our well-intentioned efforts to ensure that only persons in the U.S. legally are able to acquire driver's licenses, we have unintentionally hamstrung the ability of legal nonimmigrants to have licenses. Real ID's unrealistic documentation and renewal requirements for international students and scholars send yet another negative signal about America's openness to them, and frankly ignore technical advances which could provide both better assurances about a person's legal status and licenses of a longer validity. Our bill will correct this problem in a way that will strengthen, not weaken, the integrity of driver's licenses. For all of these reasons, our legislation is endorsed by NAFSA: Association of International Educators, the world's largest professional association advocating for international education and exchange programs, by the National Foreign Trade Council, the Nation's premier business organization dedicated to advancing global commerce, and by USA Engage, a leading broad-based coalition of trade associations promoting global economic engagement. The American way of life owes its success and vitality to its historic ability to harness the best in knowledge and ideas, not only those that are homegrown, but also those that come from outside our borders. The longer we wait to take action, the more we risk missing out on future U.S. academic, business, and research success.
• On behalf of the foreign students and OPT, we want to thank Senator Coleman from Minnesota for introducing the important bill in the Congress.

03/28/2008: Administrative Relief for OPT H-1B Cap Applicants Looming Up

• Report indicates that the businesses and their lobby organizations have been adding the last minute pressures on the White House to order such relief at the level of the President. Unconfirmed sources indicate that such relief may be forthcoming very shortly. Please stay tuned to this website.

03/28/2008: Reminder of OFLC's Scheduled System Maintenance and Potential Disruption of Online Filings Tomorrow, March 29, 2008

• The foreign labor certification system is scheduled to undergo the online filing system maintenance tomorrow and it is anticipated that there will be some disruption of online filing of PERM applications. The information indicated that the system that would be affected was the PERM application system. We just hope that it would not affect the online labor condition application system. Out of precaution, people may want to file online applications today. There may be a huge surge of the labor condition applications online filing on Monday, March 31, 2008.
• Today marks the third anniversary of the online PERM filing system. We like to take this opportunity to extend our contratulations to the leaders of the Office of Foreign Labor Certification for the job well done and the success. Special tribute should be directed to Dr. William Carlson, the head of the National Program Services who endured some technical difficulties at the initial stage of the program but has brought this online filing system into a model for success and other government systems. We hope to see an identical success with the USCIS online filing and processing plan that has been pushing ahead under the Transformation Program which is to be completed within the next year. The OFLC's PERM Program may be taken as a successful model when the agency brings the account system concept into the core of the online filing system and reengineering. Heads-off to you, Dr. Carlson, for your leadership!

03/28/2008: USCIS Releases March 15, 2008 USCIS Service Centers and Local Offices Processing Time Report

• People should note that this report just shows the cases which they just completed and cannot be taken as a yard stick to project how much time their pending cases will be taken in the future. Depending on specific situations and developments such as July 2007 Visa Bulletin fiasco flood of filings and incredibles surge of naturalization application filings, the processing times for I-140 and I-485 during this report period should not be taken as the basis to form an opinion for the prediction of their cases in the future.
• With this in mind, we would like to look at a few points in this report. The H-1B petitions generally took over two and a half months across the board. As the FY 2009 H-1B cap flooding is at their door steps, though, it can affect the H-1B processing times more or less negatively from April. They report that they are in the process of hiring mroe resources, but because of the namechecks and other procedures in federal recruitment procedures, that cannot be realized over night. People should be prepared for the upcoming changes in the processing times. However, since H-1B premium processing services will not be suspended during the period, people may still get the decisions quick in emergencies via Premium Processing Services.
• For the I-140 petitions, Nebraska Service Center apparently has not reached the July 2007 VB fiasco filings in July and August, while the Texas Service Center has. The same goes true with the EB-485 cases, even though the situation is better than I-140 petitions. I-485 processing times have been much shorter than I-140 petitions in general. For those whose visa numbers will be available in the future, it is anticipated that the processing times of I-485 applications may remain in good shape as affected by the recent USCIS policy change on FBI Name Check delays. We have noticed a number of EB-485 applications that have been frozen for the name check problems for over three years have been approved thanks to the policy change. Lots of happy faces!

03/28/2008: Legislative Proposals for Reinforced Employment Verification for All Workers (U.S. Citizens & Foreign Workers) & Employer Sanction Enforcement Gathering Steam.

• The Immigration Policy Center reports on March 27, 2008 that Congress returns on Monday from its two week recess, and proposals regarding employment verification for all workers – foreign- and U.S.- born alike – are gathering steam. Several bills including the Shuler-Tancredo "SAVE Act" (HR 4088) and the Johnson "New Employee Verification Act of 2008" (HR 5515) include provisions to create a nationwide mandatory electronic employment verification system (EEVS). In the meantime, the Department of Homeland Security (DHS) published new proposed regulations to turn SSA "no-match" letters – a system SSA uses to correct errors in its database – into an immigration enforcement tool. These proposals are election year antics. Both the employers and the foreign workers should be on alert for this legislative movement and developing compliance policy changes. Read on.

03/27/2008: USCIS Releases Today Questions and Answers #1: H-1B Petition Mailing During Cap Season

• FY 2009 cap H-1B filers must read this Q&A. Important.

03/27/2008: USCIS Issues Memorandum on 03/26/2008 to Withold Adjudication and Review of Prior Denials of Certain Categories of Cases Involving Association With or Provision of Material Support to Certain Terrorist Organizations or Other Groups

03/26/2008: USCIS' February 13, 2008 Response (Recommendations) to the Ombudsman's 2007 Annual Report to Congress

• For detailed responses of USCIS as to what actions the USCIS has taken, please click here.

03/26/2008: DOL Finds One NY Employer Owes $3,000,000 Backwage to 156 H-1B Employees For H-1B Rule Violations

• An investigation by the department's Wage and Hour Division found that 156 H-1B guest workers from the Philippines, brought into the U.S. by APMI to be employed primarily as physical therapists in hospitals and other medical facilities in the New York metropolitan area, are owed almost $3 million in back wages. The investigation revealed that APMI willfully failed to pay required wages, filed lawsuits seeking penalties against some H-1B employees for early cessation of employment, failed to make required documents available for examination, failed to maintain required documentation and used incorrect prevailing wage rates on labor condition applications. Read on.

03/25/2008: Travel Advisory for Reentry Permit Applicant Permanent Residents

• Effective March 5, 2008, the USCIS required collection of biometrics for the permanent residents who filed the I-131 Reentry Permit for their extended stay outside of the U.S. for over six months or one year. The changed policy also required payment of biometric collection fee of $80 for the Reentry Permit Application effective March 5, 2008. However, due to a short notice, there appear to be a number of the permanent residents who filed the Reentry Permit Applications which have been received on or after March 5, 2008 without payment of $80 biometric fees. Despite the defective filings, these filers have been receiving Receipt Notices from the Service Center. One pitfall of such Receipt Notices is that unlike the previous policy that allowed the applicants to depart from the U.S. upon filing (upon receipt), the new policy does not allow the applicants to leave the country unless they pay the biometric fees and complete the biometric collection process at the USCIS Application Support Center. Accordingly, those who filed the Reentry Permits within this time period without payment of $80 biometric fees and left the country may face a serious consequence down the road if they do not return within six months or one year. According to the USCIS, they will not allow the biometric collections at the visa posts abroad for these applicants. The USCIS has been accepting such defective Reentry Permit Applications and issuing the Receipt Notices because internally the agency decided to take the certain period of time as a grace period and when they received such defective filings, rather than rejecting the filings, the agency had decided to issue the Receipt Notices, followed by additional notices of request for payment of $80 of biometric fees and upon the biometric fees were received the agency intended to schedule the biometric collection appointment for these applicants. According to the USCIS, scheduling such biometric appointment takes approximately three (3) weeks.
• This practice presents a serious problem to those who filed the applications on or after March 5, 2008 without payment of biometric fees and either left the country or booked the flight tickets to depart from the U.S within a short period of time. Considering the fact that such purchase of the tickets may not be refundable, they are experiencing a confusion and hardship. For the reasons, the USCIS is advising the Reentry Permit applicants to file the applications sufficiently in advance of their planned trip. The heydays are gone when they were able to depart from the U.S. one day after filing of the application since all the rule required was applicant's physical presence in the U.S. at the time of filing. This message is posted to warn two points: (1) Do not fail to enclose $80 biometric fee check when filing the Reentry Permit. (2) Don't leave home (U.S.) without completing the biometric collection. Plan overseas trip ahead of time. The USCIS permits expedite in emergencies but the applicants are required to submit self-addressed and prepaid overnight mailers when they file such request.

03/24/2008: CRS Updates U.S. Immigration Policy on Permanent Admissions

03/24/2008: Official Federal Register Release of H-1B Cap Filing Rule

03/22/2008: H-1B Filing for License Required Occupations: USCIS Memorandum of March 21, 2008 Updates AFM

• Under the H-1B regulation, those who apply for certain occupations that mandate a license to practice for H-1B are normally not eligible for the petition, such as public school teachers, unless the petition accompanies such license. On the other hand, the State Licensing Boards cannot issue a license even if the aliens are qualified unless the aliens are authorized for employment and possess a social security number. Since a social security number cannot be issued unless the alien is authorized to work, these aliens are trapped in "catch-22" situation unless some type of relief is given by one of these three government agencies. In order to untangle this logjam, the legacy INS issued a policy to approve H-1B petition for one year to allow such aliens to apply for a state license. Yesterday, Mr. Donald Neufeld, Deputy Director of Domestic Operations of USCIS issued a memrandum to update the Adjudicators' Field Manual (AFM) to instruct the field (Service Centers) adjudicators to approve such H-1B petitions for one year on the two conditions, among others: The alien submits an evidence of pending license application before the State Licensing Board and files as initial evidence all the documents to establish that the aliens are eligible for the license but for the employment authorization and social security number requirement. Release of this memorandum and updating of AFM are very timely for these professionals to file FY 2009 H-1B cap petitions on April 1, 2008. Hats-Off to USCIS!

03/22/2008: USCIS Update of AFM on Genetic Relationship-DNA Testing on March 19, 2008

03/21/2008: USCIS Revised Instructions of 03/21/2008: I-130 Filing to Designated Chicago Lockbox

• USCIS publishing this announcement again today to remind the stand-alone I-130 filers that I-130 filings at the wrong address will be rejected. Important to remember.

03/21/2008: H-1B Cap Filing Rule Officially Scheduled to be Published on Monday, 03/24/2008

• As predicted, this rule will be officially published in the federal register on Monday, 03/24/2008 and will take effect on the same day. The immigrant community should be thankful to the USCIS for having released advance copy, announcement, Q&A and other information day before yesterday to accomodate the needs of the employers and the alien beneficiaries. Otherwise, they would not have known how to handle the situation under the stressful environment. This site wishes also extend our thanks to the leaders of USCIS HQ for having taken a quick action to help the employers and the professional aliens.

03/21/2008: Our Email Server Problem

• We are currently experiencing the email server problem and our ohlaw@immigration-law.com email is not working at this time. Please send email to matthewoh.attorney@gmail.com until the problem is resolved. We apologize for the inconvenience that may cause you.

03/21/2008: USCIS Advisory on Off-Office Hours Scheduling of Naturalization Interviews

• If people receive a citizenship interview notice in the mail scheduling it on Saturdays, Sundays, or off-office hours, they should not ignore the interview schedule. It is not a mistake, according to the USCIS. In order to meet the recently announced processing times of naturalization applications, the USCIS is scheduling the interviews even on Saturdays, Sundays, and off-office hours during the weekdays. Please keep the interview appointments!

03/20/2008: Amended State Department List of Immigrant and Nonimmigrant Visa Classification Symbols

• This State Department's amended list of immigrant and nonimmigrant classification shows the entire list of visa symbols the visa posts use as of March 20, 2008. People may be amazed by the number of symbols for immigrants and nonimmigrants. Read on.

03/20/2008: New Special Immigrant Classification Bill Introduced in the House for Certain U.S. Earned Ph.D Aliens

• On March 13, 2008, Rep. Kennedy in the House introduced a bill (H.R. 5634) that provides a special immigrant category for those aliens who earned a Ph.D. degree in the U.S. from certain qualified U.S. Higher Education Institutions, which is not subject to the annual numerical limit nor a labor certification application for immigrant petition. Please stay tuned to this website for the development of this bill.

03/19/2008: USCIS Monthly Newletter - March 2008

• This can be Dr. Emilio Gonzalez' last monthly newsletter (?) as the Director of USCIS. We wish him well.

03/19/2008: Another H-1B Increase Bill Introduced in the House by Rep. Giffords

• Rep. Giffords introduced H.R. 5630 on March 13, 2008 to adjust the H-1B annual numerical limitation as follows:
  • Regular Cap: 130,000 (FY 2008 and FY 2009) and 180,000 (2010 through 2015) if demand exceeds 130,000.
  • U.S. Master Degree in STEM (Science, Technology, Engineering, and Mathematics) totally exempt from the annual numerical limitation
  • Foreign Master Degree in STEM eligible for special 20,000 numbers..
• This bill has been referred to the House Judiciary Committee. Wow!

03/19/2008: USCIS Questions & Answers for FY 2009 H-1B Cap Filing

03/19/2008: USCIS Fact Sheet: Changes to the FY 2009 H-1B Cap Filing

03/19/2008: Full Text Advance Copy of the H-1B Cap Filing Rule

03/19/2008: USCIS Announcement of H-1B Cap Filing

• "To ensure a fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions. This rule does not preclude related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same alien for different positions, based on a legitimate business need. The interim final rule becomes effective upon publication in the Federal Register."
• "Under current procedures, which are not changed by this rule, once USCIS receives 20,000 petitions for aliens with a U.S. master’s degree or higher, all other cases requesting the educational exemption are counted toward the 65,000 cap. Once the 65,000 cap is reached for a fiscal year, USCIS will announce that the cap has been filled and reject further petitions subject to the cap."
• "This rule also stipulates that if USCIS determines the number of H-1B petitions received meets the cap within the first five business days of accepting applications for the coming fiscal year, USCIS will apply a random selection process among all H-1B petitions received during this time period. If the 20,000 advanced degree limit is reached during the first five business days, USCIS will randomly select from those petitions ahead of conducting the random selection for the 65,000 limit. Petitions subject to the 20,000 limit that are not selected in that random selection will be considered with the other H-1B petitions in the random selection for the 65,000 limit."
• "The rule further clarifies that USCIS will deny petitions that incorrectly claim an exemption from any H-1B numerical limits. Those filing fees will not be returned."

03/19/2008: Today's Important Court Decision: Checking Citizen/National in I-9 Constitutes a Permanent Bar from Admission to the U.S.

• Today, the U.S. Court of Appeals for the 8th Circuit handed down a decision that the alien who had check marked the item on the form I-9 which asks "U.S. Citizen or National" constitutes a misrepresenting as a U.S. citizen that makes such alien permanently inadmissible to the U.S. and not eligible for a waiver from removability or deportation under Section 1182(a)(6)(C)(ii)(I) of Immigration & Nationality Act. Until this decision, there was a greyline in certain situations, but with this decision in place, people should pay closer attention in filling out I-9 forms which any new employees including the U.S. citizen employees must complete and sign under the penalty of misrepresentation. See, David Rodriguez v. Michael B. Mukasey, Attorney General, No. 06-3523, (8th Cir. Ct of Appeals, 03/19/2008). We will set up the link to the full text of the decision as soon as it becomes available.

03/19/2008: FY 2009 H-1B Cap Rule Resease Schedule

• There are tens of thousands of people who are anxiously waiting for the release of this rule since this rule will set forth the details of restrictions in the filing procedures and requirement for FY 2009 H-1B cap petitions. The OMB of the White House cleared the rule for release. However, agencies have internal procedure to comply before the rules are published in the federal register. Sometimes, the agencies release advance copy to stakeholder entities or on the agencies website or sometimes they release in the form of announcement on their websites. Unless the USCIS take such steps, the earliest the USCIS will publish this rule in the federal register for public will be coming Friday, March 21 or Monday, March 24, 2008, at the earliest. Please stay tuned to this website for the development of this news. For some reasons, there is a tendency of the federal agencies to publish the notices and rules on Fridays in a number of cases. It is just mysterious.

03/18/2008: DHS Continue to Move for Expansion of Visa Waiver Program

• As we reported earlier, the following countries have been seeking the Visa Waiver Program: Greece (1.6%); Cyprus (1.8%); Malta (2.7%); Estonia (4.0%); South Korea (4.4%); Czech Republic (6.7%); Hungary (10.3%); Latvia (11.8%); Slovakia (12.0%); Lithuania (12.9%); Bulgaria (14.3%); Poland (25.2%); Romania (37.7%). DHS signed the VWP agreement with Czech Republic on February 26, 2008; the same agreements with Estonia and Latvia on March 12, 2008; and the same agreements with slovakia, Hungary, and Lithuania. These agreements require the candidate countries to develop eletronic admission program, and upon completion of such electronic program, these countries are expected to the current list of 27 VWP countries before the end of this year. It is also expected that the DHS may sign similar agreements with other candidates in the foregoing list. Accordingly, by the end of the year, there will be a huge number of visitors from increased numbers of VWP countries to travel on the U.S. without a visa. As part of the expansion of VWP, the USCBP has already drafted and submitted a proposed regulation for VWP electronic admission procedures. For today's announcement of agreements with Slovakia, Hungary, and Lithuania, please click here.
  

03/18/2008: State Department Cable Amending Foreign Affairs Manual Re: Proof of U.S. Citizenship in Immigrant Visa Application Proceeding

• Proof of U.S. Citizenship
• a. Petitions filed by U.S. citizens must be accompanied by primary evidence of the petitioner's U.S. citizenship. The petitioner may meet this requirement for primary evidence of citizenship by providing:
  • (1) A birth certificate that was issued by a civil authority and that establishes the petitioner's birth in the United States;
  • (2) A certificate of U.S. naturalization or citizenship issued in the petitioner's name; or
  • (3) An unexpired passport issued for full validity to the petitioner as a citizen of the United States (not as a noncitizen national); or
  • (4) A Form FS-240, Report of Birth Abroad of a Citizen of the United States of America, relating to the petitioner.
• b. A petitioner who is unable to obtain primary evidence of citizenship may submit other forms of evidence; however, such a petition should be regarded as "not clearly approvable" and forwarded to the USCIS office with jurisdiction.

03/17/2008: OMB Cleared and Approved FY 2009 H-1B Cap Filing Rule

• Good news. The OMB completed review of the USCIS rule on the H-1B cap filing last Friday, March 14, 2008. It is thus likely that the USCIS may publish this anxiously-awaited rule soon. Please stay tuned to this website for the release of this rule.

03/17/2008: Time for Employers to Join Bill Gates in His Campaign for H-1B Cap Increase

• It is indeed ridiculous that the legislators turn their face away from the suffering of U.S. businesses as affected by the current annual cap of H-1B numbers. One wonders what other evidence they need to prove the critical need of H-1B workers other than the fact that the annual cap reached in one day and whole annual cap ran out in one day last year and it will repeat coming April 1, 2008. It is also ridiculous to see the government agency is forced to conduct a "lottery" in the administrative proceedings. Maybe some of the legislators are in a sadism mental state to enjoy their U.S. businesses suffer in pains. The issue is not suffering of foreign workers but suffering of our own businesses and its devastating negative impact on international competition and economy.
• Representative Lamar Smith of Texas has been recognized as one of the legislators who took a very conservative position when it came to the immigration issues. However, it is amazing that he introduced a legislative bill that would raise the annual H-1B cap numbers from 65,000 to 195,000. We are grateful for his initiative and leadership on this issue. The businesses should extend their support for this bill and contact en masse their own legislative representatives in the House and the Senate to let them know how much their businesses have been suffering and are sharing the pains which Bill Gates lately testified before a House committee.

03/16/2008: Cross Border Canadian Workers Tax Protocol

• On March 14, 2008, the President sent a message to consent to the ratification of a tax protocol for the cross border Canadian workers. The proposed Protocol would eliminate withholding taxes on cross-border interest payments. In addition, the proposed Protocol would coordinate the tax treatment of contributions to, and other benefits of, pension funds for cross-border workers. The proposed Protocol also includes provisions related to the taxation of permanent establishments, so-called dual-resident corporations, income derived through certain entities that are considered fiscally transparent, and former U.S. citizens and long-term residents. The proposed Protocol further strengthens the existing Treaty's provisions that prevent the Treaty's inappropriate use by third-country residents. The proposed Protocol also provides for mandatory resolution of certain cases before the competent authorities. Read on.

03/16/2008: House Judiciary Immigration Subcommittee Immigration Bills Full Text

• H.R. 5060: Introduced on 02/04/2008: To amend the Immigration and Nationality Act to allow athletes admitted as nonimmigrants described in section 101(a)(15)(P) of such Act to renew their period of authorized admission in 5-year increments. (P Nonimmigrant Visa Extensions for Athletes). Sponsored by Rep. Linda Sanchez (CA): "Section 214(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(B)) is amended by striking `for an additional period of up to 5 years.' and inserting `in 5-year increments."
• H.R. 5569: Introduced on 03/10/2008: To extend for 5 years the EB-5 regional center pilot program (Investment Immigration). Sponsored by Rep. Zoe Lofgren (CA). Sponsored by Rep. Zoe Lofgren (CA)
• H.R. 5570: Introduced on 03/10/2008: To amend the Immigration and Nationality Act to eliminate the sunset in the special immigrant non-minister religious worker visa program.(Special Immigraton for Religious Workers). Sponsored by Zoe Lofgren (CA)
• H.R. 5571: Introduced on 03/10/2008; To extend for 5 years the program relating to waiver of the foreign country residence requirement with respect to international medical graduates.(NIW for IMGs). Sponsored by Zoe Lofgren (CA).

03/15/2008: H.R. 5652 "SUSTAIN ACT' Introduced in the House on 03/14/2008 to Increase H-1B Cap in FY 2008 and FY 2009 to 195,000

• Yesterday, Congressman from Texas, Lamar Smith, introduced this bill on the floor in the House to increase the H-1B cap numbers for FY 2008 and FY 2009 from 65,000/year to 195,000. This bill was then referred to the Judiciary Committee of the House for action. Please stay tuned to this website for the development of this legislative bill.
• Caveat: This bill will take time for the action on the House floor as well as the Senate action. Consequently, it will not affect the April 1, 2008 FY 2009 H-1B cap filing. Employers will continue to prepare and file the petitions timely on April 1, 2008. However, should the bill pass both the House and the Senate before the start of FY 2009 (10/01/2008), FY 2008 and FY 2009 additional cap numbers are likely to be made available in the future. This bill is expected to face a steep opposition in the House and particularly in the Senate. Senator Durbin (D, IL) and Senator Grssley (R. IA) have been the strongest opponents for such bills in the past.

03/14/2008: Statement by USCIS Director Emilio T. Gonzalez on Processing of Naturalization Applications

• Natualization now takes from 14 months to 16 months rather than upto 18 months. Read on.
  

03/14/2008: April Visa Bulletin Reposted

03/14/2008: USCIS Publishes "Processing Worksheet for FY09 H-1B Filings"

• This is a basic checklist for the FY 2009 H-1B cap filers. It covers only limited questions, but is handy to check in the filers' final touch of the H-1B petition packet before they ship it out. Please check it out.

03/14/2008: Iraqi and Afghani Translators SI Category Visa Availability in April 2008

• The State Department reports that the NVC has already scheduled over 450 SI Special Immigrant Translator cases for interview in FY 2008. Accordingly, it predicts that the FY 2008 annual cap of 500 will be reached within April or so. Any legislation on this special immigrant category can change the situation, and the state department is expected to update the situation, should such legislation pass the Congress.

03/14/2008: CBP Advisory for Easter Season Mexican Land Border Travelers to the U.S. at San Ysidro, California

03/13/2008: April 2008 Visa Bulletin

03/13/2008: USCIS Director Emilio Gonzalez to Resign

• DHS Secretary confirms that Dr. Gonzalez will leave the USCIS as of April 18, 2008. It is unclear who will be nominated by the President to take this position. Whoever the replacement will be, it is going to be a short-lived leader of USCIS considering the fact that the new administration is scheduled to take office coming January 2009. As Bush Administration ends its era, more and more politically appointed leaders of the federal agencies are expected to jump the ship.

03/13/2008: DHS Signs VISA Waiver Program Agreements with Estonia and Latvia

• These agreements require the two countries compliance with certain conditions which will lead to the visa waiver program countries. Similar agreement was signed on 02/26/2008 with Czech government. Read on.

03/12/2008: Bill Gates Testimony 03/12/2008 Before the Committee on Science and Technology United States House of Representatives

• Bravo, Mr. Gates. The Congress and the White House should listen to voice demanding (1) to extend the students' OPT period to 29 months; (2) to create a streamlined path to permanent resident status for highly skilled workers; (3) to raise highly skilled workers visa numbers; (4) to significantly raise employment-based immigrant quota; (5) to remove the per-country limits in the current immigration statute.
  

03/12/2008: USCIS Q&A of Somalian TPS and EAD Extension

03/12/2008: Federal Register Notice of Somalian TPS Designation Extension

• The designation of Somalia for TPS has been extended for 18 months through September 17, 2009, from its current expiration date of March 17, 2008. This Notice also sets forth procedures necessary for nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) with TPS to re-register and to apply for an extension of their EADs for the additional 18-month period. Re-registration is limited to persons who have previously registered for TPS under the designation of Somalia and whose applications have been granted or remain pending. Certain nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions. This Notice automatically extends the validity of EADs issued under the TPS designation of Somalia for 6 months, through September 17, 2008 and
  explains how TPS beneficiaries and their employers may determine which EADs are automatically extended. DHS will issue new EADs with the September 17, 2009 expiration date to eligible TPS beneficiaries who timely re-register and apply for an EAD. The extension of the TPS designation of Somalia is effective March 18, 2008 and will remain in effect through September 17, 2009. The 60-day re-registration period begins March 12, 2008 and will remain in effect until May 12, 2008. To facilitate processing of applications, applicants are strongly encouraged to file as soon as possible after the start of the 60-day re-registration period beginning on March 12, 2008.

03/12/2008: Today's House Judiciary Immigration Subcommittee Mark Up

• H.R. 5060: Introduced on 02/04/2008: To amend the Immigration and Nationality Act to allow athletes admitted as nonimmigrants described in section 101(a)(15)(P) of such Act to renew their period of authorized admission in 5-year increments. (P Nonimmigrant Visa Extensions for Athletes). Sponsored by Rep. Linda Sanchez (CA): "Section 214(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(B)) is amended by striking `for an additional period of up to 5 years.' and inserting `in 5-year increments."
• H.R. 5569: Introduced on 03/10/2008: To extend for 5 years the EB-5 regional center pilot program (Investment Immigration). Sponsored by Rep. Zoe Lofgren (CA). Sponsored by Rep. Zoe Lofgren (CA)
• H.R. 5570: Introduced on 03/10/2008: To amend the Immigration and Nationality Act to eliminate the sunset in the special immigrant non-minister religious worker visa program.(Special Immigraton for Religious Workers). Sponsored by Zoe Lofgren (CA)
• H.R. 5571: Introduced on 03/10/2008; To extend for 5 years the program relating to waiver of the foreign country residence requirement with respect to international medical graduates.(NIW for IMGs). Sponsored by Zoe Lofgren (CA).
• The current law for non-minister religious worker immigration is schedueld to sunset at the end of this fiscal year unless the H.R. 5570 passes the Congress. For the specifics of the bills and progress of legislation process, please stay tuned to this website.
  
  

03/12/2008: State of Nonimmigrant Visa Processing as Reflected in Testimony of Deputy Assistant Secretary of State for Visa Service onf 02/07/2008

• Ths testimony gives a glimps on the state of nonimmigrant visa processing of State Department including 2007 statistics of processng of student visas and other visas. Read on.
  

03/11/2008: Status of Job Openings and Need for Skilled Workers by U.S. Employers

• According to the March 2008 search of National Foundation for American Study brief, the strategic U.S. businesses are experiencing a serious shortage of needed skilled workers. The study shows the following illustrations:
  • The S&P 500 companies with the most job openings as of January 2008 are Microsoft (4005), Northrup Grumman(3925), Lockheed Martin (3901), General Electric (3078), Countrywide Financial (2415), JPMorganChase (2164),
    Tenet Healthcare (2050), United Health Group (1927), Raytheon (1694), IBM (1670), Computer Sciences Corp.(1666), Cintas (1664), L-3 Communications (1618), Bank of America (1600), U.S. Bancorp (1562) and Cisco Systems (1504). These are openings for jobs in the United States requiring a B.A., professional degree or higher.
• For other details, please click here.

03/11/2008: Tomorrow's House Judiciary Immigration Subcommittee Mark Up

• H.R.____, to To extend for 5 years the program relating to waiver of the foreign country residence requirement with respect to international medical graduates.
  H.R. ___, To extend for 5 years the EB-5 regional center pilot program.
  H.R. ___, The Religious Worker Visa Extension Act of 2008.
  H.R. 4080, To amend the Immigration and Nationality Act to establish a separate nonimmigrant classification for fashion models.
  H.R. 5060, To amend the Immigration and Nationality Act to allow athletes admitted as nonimmigrants described in section 101(a)(15)(P) of such Act to renew their period of authorized admission in 5-year increments.
  
• Please stay tuned to this website for the details of tomorrow's hearing.

03/11/2008: We Urge Media and Community to Participate in Campaign Against Point System Immigration Reform

• The nightmarish memory is still fresh and vivid about last year's compromise immigration reform bill that accomodated the immigration restrictionists' agenda to adopt "point system" as a way to retrict and control the immigration in this country. We strongly opposed and vigorously campaigned last year against the point system and we were happy to see that the CIR failed because of the point system. This point system was worked out by the immigration restrictionists including its think tank Heritage Foundation. Under the disguise, the point system was intended not only to restrict the total number of immigrants but also, more importantly, attempted to give the restrictionists the power to pick and choose the type of immigrants that would be allowed to immigrate to this country. They attempted to shake the fundamental foundation of this nation which the forefathers of the nation had laid out in the Constitution placing the highest value on the family unification and color-blind immigration system. As the nation is slowly moving into a stage to select the new leaders of the country, there is a sign that these restrictionists are sharpening their knife to bring legislative bills that incorporate the point system again. We urge every one to participate in the campaign to educate the media, public, and other participants in the political process on the truth underlying this proposal.

03/10/2008: USCIS Announces 18-Month Extension of TPS for Somalia & Automatic EAD Extension through September 2008

03/10/2008: USCIS Update: Revised Biometric Changes For Re-entry Permits and Refugee Travel Documents

• USCIS has today released the update of the announcement which was initially released on 03/05/2008. Read on.
  

03/09/2008: FY 2009 H-1B Cap Filing and Ongoing Rule-Making on Filing Procedure

• It appears that the USCIS was initially planning to initiate a rule-making process to launch an account system and mandatory electronic filing procedure for the H-1B cap cases. It is reflected in the agency's rule making priority statement that USCIS is restructuring its entire business processes to implement new procedures for the filing, processing, and adjudication of all benefit applications and petitions. USCIS is moving toward complete electronic filing and adjudication of benefits to streamline processing, modernize adjudications, and facilitate efficient and effective data collection and reporting. USCIS will be issuing a rulemaking action "New Electronic Account, Adjudication, and Reporting System; New Procedures for Filing and Processing of Fiscal Year 2007 H-1B Petitions Subject to Annual Cap" as part of this business restructuring process. The electronic filing forms were reported on our Breaking News site earlier.
• However, the USCIS might have changed its initial plan considering the fact that the actual title of the rule making has benn changed (?) from "New Electronic Account, Adjudication, and Reporting System; New Procedures for Filing and Processing of Fiscal Year 2007 H-1B Petitions Subject to Annual Cap" to "Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation " in the final version that is currently under review by the OMB since February 22, 2008. Additionally, the format of the rule has been changed from a proposed rule to an interim rule which will take effect upon release. The rule was submitted to the OMB on Febraury 22, 2008 and probably it may not be completed until around March 23, 2008. Should this happen, the new rule will not give the April 1, 2008 cap filers a lot of time to understand and follow the procedures. At this point, no details have been disclosed other than a few points which we reported earlier on this site. Accordingly, the April 1, 2008 filers should keep a close eye on the upcoming release of the rule in federal register probably in about two weeks.
• Agencies sometimes publish an announcement outlining the text of the rule before they are actually published in the federal register. It is submitted that this rule should fit into one of such categories considering the fact that the stakeholders of the rule may not have a sufficient time to review and comply with the rule as it may be published close to the date when the legal proceedings will take place on April 1, 2008. For the reasons, we urge the USCIS to release such announcement as soon as possible so that the employers will be better prepared to file the FY 2009 H-1B cap cases without confusion. Employers may have to endure a stress from the filing in rush at the end of the month even without any new rules.

03/07/2008: USCIS-Community Organizations Stakeholder Meeting (Q&A) of February 26, 2008

• This meeting is mostly focused on the local district related issues or non-employment-based proceeding issues. Read on.

03/07/2008: Open Letter to Dr. William Carlson, Chief of Office of Foreign Labor Certification

• Dear Dr. Carlson, with reference to your agency's federal register notice that the non-electronic filing of PERM applications must be filed with the Atlanta National Processing Center effective June 1, 2008 as part of your centralization process, the employers have a serious question as to which Certifying Officer and which National Processing Center address the employers should start printing in their internal notice posting here on to file on or after June 1, 2008. The same goes with the employers that are scheduling to file electronically on or after June 1, 2008. We have noticed that for the last few months, the PERM applications have been certified by yourself rather than the Chicago or Atlanta National Processing Centers. It thus appears that the electronic PERM applications have already been centralized in this regard, albeit for the transitional period. Since most of the required recruitment must be conducted by the employers starting next two or three weeks to file on or after June 1, 2008, the employers need your guidance as soon as possible. We urge you to post the guidance by updating PERM FAQ on the OFLC website rather than other intermediaries that tend to delay release of some information for a period of time for their justifiable internal reasons from their end. In light of the urgency for the June filers, your prompt update of FAQ Rounds on this issue in the next two or three weeks may indeed be needed for the employers. This is particularly important in that your agency has been denying PERM applications when the employers printed a wrong NPC name and address in the internal notice posting. We trust that you will set a transitional period during when the employers would be allowed to print the current jurisdiction address in the internal notice posting. Thank you.

03/06/2008: OFLC H-2B FAQs Round II of March 6, 2008

03/05/2008: Text of Testimony of DHS Secretary Chertoff Before House Immigration Subcommittee on 03/05/2008

• There was a DHS oversight hearing today before the House Immigration Subcommittee that called the DHS Secretary to testify the current status and efforts of the Department. Please read on.

03/05/2008: Reentry Permit and Refugee Travel Document Application Procedure Change: Biometrics Scheduling with ASC Required Effective Today

• USCIS has just announced today that effective 03/05/2008, those who apply for Renentry Permit or Refugee Travel Document must take fingerprint at the local ASC. Please read the announcement.

03/05/2008: OFLC Announces Centralization of Non-Electronic Filing PERM at Atlanta NPC and Temporary Labor Programs at Chicago Effective 06/01/2008

• The Office of Foreign Labor Certification released a federal register notice to announce the centralization of non-electronic filing permanent labor certification program at Atlanta National Processing Center and all the nonelectronic filing temporary labor certification programs at Chicago National Processing Center effective June 1, 2008. When the application is filed non-electronically, there will be a 15-day grace period but effective June 15, 2008, any applications which were received by the wrong NPC will be rejected and returned. For the addresses and other details, please read the announcement.
• OFLC disclosed its plan earlier to centralize even electronic filing labor certification applications in the summer of 2008. It is likely that the OFLC may announce launch of such electronic filing centralization separately in the future. Please stay tuned to this website for the development of this news.

03/04/2008: DHS Secretary Chertoff Explains and Justifies Recent USCIS Name Check Policy Change in a Meeting with Bloggers 03/03/2008

• It is indeed unreal how things are changing quickly since the USCIS changed the name check policy. People are receiving en masse I-485 applications including those twhose 485s have been held up for years and years! It is like a dream. We thank the DHS and USCIS leaders for their courage and tough decision to help the immigrants. We salute to these leaders. The following is the explanation of the Homeland Security Department Secretary on the background of the decision:
• Question: Mr. Secretary, you had, at the very beginning, laid out some great progress that's been made in terms of preventing bad people from getting in. And part of the Homeland Security mission, which is a challenging one, is that while you are responsible for protecting against bad things, you're also responsible for facilitating good things. And be that the flow of people, in this case, USCIS is responsible for that for the department. They've begun a $3.5 billion transformation. And I'm hoping you could speak to that in two ways. What's your concept of success in that, in terms of the national security part of it, the operational excellence part of it, and customer service part of it?
• Secretary Chertoff: Three -- two main things. One is, we have to move from a paper-based system to a totally electronically-based system. We still have too much paper, and it's hard to track, it's hard to manage, and it takes a lot of time. The second piece is, I want to rebuild -- re-engineer the system in a couple of ways. One is, and the most urgent, is to deal with the background check problem. It just takes way too long for the Bureau to complete background checks for a small but a significant number of people. The majority of people -- you know, if the name doesn't pop up on anything in the -- it's pretty quick. But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top-priority job for an agent, is to go through an old paper record sitting in a warehouse. Looking forward as we go electronically, and as the Bureau goes electronically, that problem will diminish. But looking backwards we have to re-engineer the system to be a little tougher. And one of the things we did, for example, with the green cards was we said, for background checks that took longer than six months, we would give you a green card, and then if it turned out the background check later revealed a problem, we would take the green card away. Now why did we do that -- because I got criticized, “Oh, you're sacrificing national security.” Here's why. First of all, if you haven't been -- if it's going to take longer than six months, it's clear that you're not on a Terrorist Watch List, you haven't been convicted of a crime, you haven't been indicted for a crime. In other words, most of the major things you would worry about -- it's a very easy thing to determine whether you've had a problem or not. What you're not going to get in that six months is the guy whose name came up in a file somewhere. And the vast majority of those are benign mentions. Secondly, you're here. If you're going to do something bad, you're still here legally. The green card -- it's not like we're bringing you in from overseas. So if you think about it logically, the risk of giving you the green card with the understanding that it can be pulled away if something turns up, it's a minimal risk. It's a minimal, marginal risk. Whereas the customer service value of giving someone the green card is high. That's an example of trying to be more cost-benefit in the system.
  

03/03/2008: USCIS Pending Application Cases Per Type at January 31, 2008

• I-140: 150,292
• I-485: 813,238
• I-765 EAD: 165,596
• I-130 Family Petition: 1,331,114
• I-90 Green Card Renewal: 169,350
  [Footnote: Initial Receipts data only reflects the number of applications that USCIS was able to fee receipt and/or data enter into a case processing system. Applications currently held in USCIS mailroom facilities but not processed to the point of recognition as Initial Receipts are deemed frontlog cases. These frontlog cases are also not reflected in Pending figures.]

03/03/2008: Naturalization Pending Cases at January 31, 2008

• The number of pending N-400 cases reached 1,051,186 in January 2008.

03/02/2008: Politics and Power: Immigration, Latino Voters, and the Texas Primary on 03/04/2008

• In the past few years, the immigration reform legislation move has been shaped in the form of "comprehensive" immigration reform to accomodate the illegal immigration issues involving mostly from estimate 13 million to 20 million illegal immigrants who provide critical work forces in certain part of this country's economy. For this reason, the immigration reform legislation is, for good or for bad reasons, tied to the voices of over 40 million strong Latino voters' voice, power, and influence in the political processes at all levels. As we reported repeatedly, because of the dynamics of 2008 national election process, there is no prospect whatsoever for any comprehensive immigrative bill to pass the Congress and the Presient to sign it into law this year. However, the Latino voters' voice, power, and influence in the current primary and election process will be critical for the fate of the upcoming comprehensive immigration reform legislation in 2009. The nation is now closely watching on the potential impact of these ethnic forces in the Texas primary which is scheduled on Tuesday, March 4, 2008 to see which presidential candidates of both parties will win majority of electoral delegates, but the immigrant community is watching closely this primary because of its impact on the fate of future of the comprehensive immigration reform legislation. We ask the readers to read IPC News Release on this topic to learn how their future can be affected by the Tuesday's Texas primary.

03/02/2008: USCIS Implements New Poverty Guidelines for 2008 "Effective" March 1, 2008

• Family based immigration beneficiary must submit the petitioner's affidavit of support (I-864) to obtain their I-485. The same is true with the immigrant visa applications. The family immigration sponsor or co-sponsor or joint sponsor must submit this form along with the proof of their income that meets the poverty guidelines which are updated annually. Unless this minimum income is established or waived, the immigrant cannot obtain I-485 applications. The poverty guideline was issued by the federal HHS earlier this year but has not taken effect in the immigration proceeding until the USCIS customize the poverty guidelines (125%) into I-864P format and enforce it. The USCIS has just announced that the new income guidelines are enforced as of March 1, 2008 and the previous guidelines and required income level are not acceptable.

03/01/2008: GAO Reported Congress on 02/28/2008 Issues Involving Expansion of Visa Waiver Program Countries

• Until recently, U.S. law required that a country may be considered for admission into the Visa Waiver Program if the refusal rate for its nationals’ business and tourism visas was less than 3 percent in the prior fiscal year. The executive branch has supported more flexible criteria for admission, and, in August 2007, Congress passed legislation that provides DHS with the authority to admit countries with refusal rates between 3 percent and 10 percent, if the countries meet certain conditions. For example, countries must meet all mandated Visa Waiver Program security requirements and cooperate with the United States on counterterrorism initiatives. Before DHS can exercise this new authority, the legislation requires that the department complete certain actions aimed at enhancing security of the Visa Waiver Program. Before DHS can expand the program to countries with refusal rates between 3 percent and 10 percent, it must also certify that an electronic travel authorization system is fully operational. This system would require nationals from visa waiver countries to provide the United States with biographical information before boarding a U.S.-bound flight to determine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the foreign national to travel to the United States under the program. As of Feb. 21, 2008, DHS had not announced its plans for this authorization system. In addition, Congress also required the implementation of a biometric exit system at U.S. airports. If this is not in place by mid-2009, the flexibility DHS could have obtained to admit countries with refusal rates between 3 percent and 10 percent will be suspended until it is in place. A biometric air exit system utilizes biometric identifiers such as digital fingerprint scans rather than paper documents and biographic information to verify the departure of foreign nationals from the United States. As of Feb. 21, 2008, DHS had not announced plans for a biometric exit system.
• In 2007, almost 13 million citizens from 27 countries entered the United States under the Visa Waiver Program. The program was created to promote the effective use of government resources and to facilitate international travel without jeopardizing U.S. national security. The United States last expanded the Visa Waiver Program’s membership in 1999 with the addition of Portugal, Singapore, and Uruguay; since then, other countries have expressed a desire to become members. In recent years, Members of Congress have introduced bills calling for the expansion of the program. In February 2005, President Bush announced that DHS and State would develop a strategy, or “Road Map Initiative,” to clarify the statutory requirements for designation as a participating country. According to DHS, some of the countries seeking admission to the program are U.S. partners in the war in Iraq and have high expectations that they will join the program due to their close economic, political, and military ties to the United States.
• In July 2006, GAO reported that DHS and State were consulting with “Road Map” countries seeking admission into the Visa Waiver Program—Bulgaria, Cyprus, Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, and South Korea. In September 2007, State nominated Greece for admission into the program, and DHS is currently reviewing this nomination to assess the impact of Greece’s participation on U.S. security, law enforcement, and illegal immigration interests. In fiscal year 2006, Greece was one of three countries (along with Cyprus and Malta) with a refusal rate below 3 percent. Three other “Road Map” countries have refusal rates between 3 and 10 percent, while seven others have rates above 10 percent. Visa Refusal Rates for Short-Term Tourist and Business Visitors of Countries Seeking to Join the Visa Waiver Program, Fiscal Year 2007: Greece (1.6%); Cyprus (1.8%); Malta (2.7%); Estonia (4.0%); South Korea (4.4%); Czech Republic (6.7%); Hungary (10.3%); Latvia (11.8%); Slovakia (12.0%); Lithuania (12.9%); Bulgaria (14.3%); Poland (25.2%); Romania (37.7%).
• In this testimony of February 28, 2008, however, the GAO expressed its reservation for the DHS current plan to expand the countries of Visa Waiver Program on the ground that an air exit system that facilitates the development of overstay rate data is important to managing potential risks in expanding the Visa Waiver Program, but DHS’s planned methodology for meeting the “97 percent provision” so it can move forward with program expansion will not demonstrate improvements in the air exit system or help the department identify overstays or develop overstay rates. For the details, please read the full text of the testimony.

02/29/2008: HHS Proposed Designation of Medically Underserved Populations and Health Professional Shortage Areas

• This proposed rule would revise and consolidate the criteria and processes for designating medically underserved populations (MUPs) and health professional shortage areas (HPSAs), designations that are used in a wide variety of Federal government programs including the international medical graduates' national interest waiver and state sponsorship for permanent resident applications. These revisions are intended to improve the way underserved areas and populations are designated, by incorporating up-to-date measures of health status and access barriers, eliminating inconsistencies and duplication of effort between the two existing processes. These revisions are intended to reduce the effort and data burden on States and communities by simplifying and automating the designation process as much as possible while maximizing the use of technology. No changes are proposed at this time with respect to the criteria for designating dental and mental health HPSAs. Podiatric, vision care, pharmacy, and veterinary care HPSAs, which are no longer in use, would be abolished under the proposed rule.

02/29/2009: 2008 Adverse Effect Wage Rates for H-2A Temporary Labor Certification Proceedings

• Alabama ........................................ $8.53
  Arizona .......................................... 8.70
  Arkansas ....................................... 8.41
  California ....................................... 9.72
  Colorado ....................................... 9.42
  Connecticut ................................... 9.70
  Delaware ....................................... 9.70
  Florida ........................................... 8.82
  Georgia ......................................... 8.53
  Hawaii ........................................... 10.86
  Idaho ............................................. 8.74
  Illinois ............................................ 9.90
  Indiana .......................................... 9.90
  Iowa .............................................. 10.44
  Kansas .......................................... 9.90
  Kentucky ....................................... 9.13
  Louisiana ...................................... 8.41
  Maine ............................................ 9.70
  Maryland ....................................... 9.70
  Massachusetts .............................. 9.70
  Michigan ....................................... 10.01
  Minnesota ..................................... 10.01
  Mississippi .................................... 8.41
  Missouri ........................................ 10.44
  Montana ........................................ 8.74
  Nebraska ...................................... 9.90
  Nevada ......................................... 9.42
  New Hampshire ............................ 9.70
  New Jersey ................................... 9.70
  New Mexico .................................. 8.70
  New York ...................................... 9.70
  North Carolina .............................. 8.85
  North Dakota ................................ 9.90
  Ohio .............................................. 9.90
  Oklahoma ..................................... 9.02
  Oregon .......................................... 9.94
  Pennsylvania ................................ 9.70
  Rhode Island ................................ 9.70
  South Carolina .............................. 8.53
  South Dakota ................................ 9.90
  Tennessee .................................... 9.13
  Texas ............................................ 9.02
  Utah .............................................. 9.42
  Vermont ........................................ 9.70
  Virginia .......................................... 8.85
  Washington ................................... 9.94
  West Virginia ................................ 9.13
  Wisconsin ..................................... 10.01
  Wyoming ....................................... 8.74

02/28/2008: CompeteAmerica Letter to House Speaker, Madame Pelosi, for Employment-Based Legislation

• In the current political environment, the immigration legislation remains a backburner despite the suffering of the U.S. businesses for the shortage of talented foreign workers. As the Presidential party primary moves close to the nomination of the each party's Presidential candiate, this type of lobbying will constitute an overture to the upcoming increased voices from the immigrants and employers to pressure the Congress to act. Read on.
• It is particularly disheartening that the Secretary of Homeland Security Department fails to act to fix the problem of U.S. school graduates facing a serious problem in the FY 2009 H-1B petitions despite a strong urge of the bi-partisan Senate leaders to fix the problem. Earlier, there was a report that the Secretary was considering the administrative fix of the employment based immigration issues within the given laws, but the businesses have yet to see any action on the part of the Secretary to fix such problem beyond the enforcement issues.

02/28/2008: USCIS Questions and Answers: Background Check Policy Update 02/28/2008

02/28/2008: FBI Name Check Backlogs Eligible for 485 Adjudication in Service Centers

• According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.

02/27/2008: USCIS Updates FY 2009 H-1B Cap Filing Hints

• Those who intend to file the FY 2009 H-1B petitions should read carefully the following updates of filing hints:
  • Condensed Q&A
  • Quick Tips
  • Main Errors that can cause USCIS to reject or deny the petition
  • FAQ on completing and submittingthe cap case
• For the additional helpful information, please visit out Questions and Discussions site. The USCIS will also publish the Interim Rule on the cap filing as soon as the OMB approves it. Please stay tuned to this website.

02/26/2008: OFLC Has Just Released FY 2007 PERM Statistics

• Summary:

• More than 85,100 PERM cases
certified during FY 2007
• Foreign workers representing
176 countries certified for permanent
work in the U.S.
• Nearly 6 out of 10 PERM cases
certified for small employers
(less than 250 workers)
• Top states: California (20,222),
New York (8,843), New Jersey
(6,594), Texas (6,534), and
Florida (5,128)
• Top countries: India (24,573),
China (6,846), Mexico (6,442),
South Korea (5,159), Canada
(4,837)
• Top employers:
Microsoft Corporation
Cognizant Technologies
Oracle USA, Incorporated
Intel Corporation
Ernst & Young, LLP
Motorola Incorporated

• Lots of very interesting detailed statistics and information. Please read the full text.

02/26/2008: USCIS Ongoing Rule-Making Priorities and Selective Priority Agenda

• USCIS is releasing the semi-annual rule-making agenda two times a year - Fall and Spring of each fiscal year. The following are the priorities for current semi-annual rule-making agenda. Readers will notice that these rules have been and will be published within this period as stated in this statement:
  • National Security
  • USCIS has an essential role in supporting DHS's Strategic Goal to ensure the security and integrity of the immigration system by making certain that immigrants and nonimmigrants comply with the laws and security mandates to prevent those who seek to exploit our immigration benefits or engage in illegal activities from obtaining lawful status in this country. To further our national security objectives, USCIS is pursuing regulatory initiatives that will disallow the granting of immigration benefits while an applicant has an ongoing investigation. These regulatory initiatives include the following:
    • "Designation of Acceptable Documents for Employment Verification ("I-9 Reduction Rule"). This rulemaking action will reduce the number of documents acceptable for Employment Verification, or Form I-9, purposes. The current employment verification process uses a very dated list of acceptable documents and a revised Form I-9 has been approved. However, the entire list of documents needs to be shortened and the Form I-9 reissued in conjunction with a shorter list of more highly secure documents.
    • "Special Immigrant and Nonimmigrant Religious Workers." This final rule amends USCIS regulations regarding the special immigrant and nonimmigrant religious worker visa classifications. This rule clarifies several substantive and procedural issues that have arisen since the religious worker category was created, and provides new definitions that describe more clearly the regulatory requirements, as well as add specific evidentiary requirements for petitioning employers and prospective religious workers. This rule also addresses concerns about the integrity of the religious worker program by establishing a petition requirement for religious organizations seeking to classify an alien as an immigrant or nonimmigrant religious worker. Finally, this rule includes an on-site inspection requirement for religious organizations to ensure the legitimacy of petitioner organizations and employment offers made by such organizations.
  • Customer Service
  • USCIS strives to provide efficient, courteous, accurate and responsive services to those who seek and qualify for admission into our country as well as providing seamless, transparent and dedicated customer support services within the agency. To improve our customer service goals, USCIS is pursuing regulatory initiatives that will make immigration procedures consistent with new laws, improve interpretive services, standardize adjudication and filing procedures, and modernize application processing to facilitate effective data collection and reporting.
  • These regulatory initiatives include:
    • "Petition to Classify Alien as Immediate Relative of a U.S. Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Alien Spouses and Children." This rulemaking action would implement provisions of the Battered Immigrant Women Protection Act of 2000 and the Violence Against Women and Department of Justice Reauthorization Act of 2005. Those provisions amend the Immigration and Naturalization Act provisions that allow battered spouses, children and parents of U.S. citizens and lawful permanent residents to petition for immigrant classification without the assistance or consent of the abuser.
    • USCIS also is restructuring its entire business processes to implement new procedures for the filing, processing, and adjudication of all benefit applications and petitions. USCIS is moving toward complete electronic filing and adjudication of benefits to streamline processing, modernize adjudications, and facilitate efficient and effective data collection and reporting. USCIS will be issuing a rulemaking action "New Electronic Account, Adjudication, and Reporting System; New Procedures for Filing and Processing of Fiscal Year 2007 H-1B Petitions Subject to Annual Cap" as part of this business restructuring process.
• Interesting Long-Term Agenda:
  • I-140 Premium Processing Timeframe Change: Plans to change the premium processing time from 15 calendar days to 15 business days and adds additional circumstances that will stop the premium processing clock. This rule also clarifies that for e-filed petitions and applications, the 15 business day processing period begins when U.S. Citizenship and Immigration Services receives the initial required supporting documentation to adjudicate the case at the Service Center with jurisdiction over that case. This interim rule also addresses public comments received in connection with the first interim rule.
  • Electronic Signature: Planned acceptance of electronic signatures on applications and petitions for immigration and naturalization benefits. The change is necessary to allow the Department to begin accepting electronically filed applications and petitions as required by law. By accepting electronically filed applications and petitions, the Department expects to streamline its information collection process, improve customer service, and move towards fulfilling the mandates of the Government Paperwork Elimination Act.
  • Suspension of I-140/I-485 Concurrent Filing: Plans to propose suspension of the current I-485 concurrent filing rule. Approximate agenda to publish this "proposed" rule will be November 2008. Since it is planning to make this rule through "proposed rule," the suspension may not materialize until mid or late 2009.
• This selective rule-making agenda is somewhat belatedly posted to give the readers some understanding of ongoing USCIS policy and procedure changes and some perspectives on the likely future changes. Finalization of EAD time limitation removal will be on the way as well.
  

02/25/2008: Somalia TPS Designation Extension & Automatic Employment Authorization Extension Under OMB Review

• The designation renewal will be published in the federal register as a notice. Please stay tuned.

02/25/2008: OMB Under Review Again USCIS Rule on Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation

• USCIS resubmitted this rule for OMB review last Friday. The rule is expected to be published in the form of Interim Final Rule rather than Proposed Rule. As the clock is ticking towards April 1 when the FY 2009 H-1B cap will be received and probably the cap may reach the same day, the H-1B employers are anxious to learn what restrictions the USCIS will impose on the cap filing, such as multiple filing, etc. Additionally, this regulation will announce availability of premium processing and efiling of the H-1B cap filings. Premium processing and efiling are likely suspended but people should wait and see. The rule may also announce the filing jurisdictions for different types of H-1B cap and cap-exempt cases, particularly during the cap filing period. Please stay tuned to this website for the release of this Interim Rule.

02/24/2008: Employers Beware, Justice Department Announced Tougher Enforcement of Employment Authorization Verification Violation, Hiring Employment Unauthorized Aliens, and Discrimination Violations with Steep Increased Civil Penalty

• Yesterday, the Attorney General announced that a regulation will be published early next week which will take effect on March 27, 2008. Under the new rule, civil fines will increase by as much as $5,000. Under the new rule and applicable law, civil penalties for violations of the Immigration and Nationality Act are adjusted for inflation. Because these penalties were last adjusted in 1999, the average adjustment is approximately 25 percent. Under the specific rounding mechanism of the law, the minimum penalty for knowing employment of an unauthorized alien increases by $100, from $275 to $375. Some of the higher civil penalties are increased by $1,000; for example, the maximum penalty for a first violation increases from $2,200 to $3,200. The biggest increase under the rounding mechanism raises the maximum civil penalty for multiple violations from the current $11,000 to $16,000. These penalties are assessed on a per-alien basis; thus, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.
• Under the Immigration and Nationality Act, employers who violate employment eligibility requirements are subject to civil monetary penalties. Employers may be fined under the Act for knowingly employing unauthorized aliens or for other violations, including failure to comply with the requirements relating to employment eligibility verification forms, wrongful discrimination against job applicants or employees on the basis of nationality or citizenship, and immigration-related document fraud. For each of these violations, the employer has the right to a hearing before an administrative law judge in the Executive Office for Immigration Review.

02/23/2008: USCIS Case Status Inquiry Guidance

• This publication gives a guidance for case status inquiry per different types of applications and petitions. For instance, unlike other inquiries, it states that if you filed a Form I-765, EAD application, and it has been longer than 90 days since youfiled and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that adresses yourcase type, it advises to call custoer services immediately and not to wait the extra 30 days. For this link, please visit our home page in the future.

02/23/2008: USCIS February 15, 2008 Processing Times

• Please note that this report does not reflect "future waiting time" for future-dated cases. For instance, for I-140 petitions, TSC is adjudicating the cases which they received approximtely 8 months back. It does not mean that any cases which were filed post to the dates showin in this report will be adjudicated in 8 months. The same is true with NSC. NSC is processing most of the I-140 petitions which they received from 12 months to 14 months back. However, considering the huge number of backlogs (more than 145,000), movement of processing dates can be much slower than the calendar dates unless the USCIS takes certain special steps of action, such as reinstatement of premium processing services. Accordingly, those who filed I-140 and whose H-1B six-year approaches six-year limit but who are not eligible for one-year increment extension may consider an action to take trips outside of the U.S. for certain period of time to recapture the times outside of the U.S. and delay the time of reach of their H-1B six-year limit by recapturing the overseas times. This special action may be needed for those who filed I-140 petition only lately and are approaching the H-1B six-year limit.

02/22/2008: H-1B Cap Filing Rule-Making Delayed

• This proposed rule appears to have failed to obtain the approval from the OMB on 02/21/2008. It is likely that the USCIS may resubmit the rule-making with revisions. This may cause some delays for the FY 2009 H-1B cap filers to learn the details of restrictions the USCIS intends to impose for FY 2009 H-1B filing procedure and requirement. Please stay tuned.

02/21/2008: Special Notice

• People should not send fax inquiries to the Service Centers for their pending EB-485 applications. Under the current procedure, they are required to go through the Customer Service lines.

02/20/2008: USCIS Proposed Rule on Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation

• The USCIS submitted this proposed rule to the OMB on February 15, 2008 for review and approval. This rule is expect to lay out the details on its restriction for multiple filings and other matters. Please stay tuned to this website for development of this rule.

02/20/2008: USCIS February Monthly Newsletter Released 02/20/2008

02/19/2008: Stand-Alone I-130 Filing Procedure Change Effective Today

• The USCIS has just announced that effective immediately all the stand alone I-130 must, repeat, must be filed at the following Chicago Lock Boxes depending on either Vermont or California Service Centers. Even through the petitions are filed at the Chicago Lock Box, the cases will be adjudicated by either VSC or CSC depending on the residence.
• Petitioners who reside in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming must file their stand-alone Form I-130s with the Lockbox using the following address:
  USCIS
  P.O. Box 804625
  Chicago, IL 60680-1029
  Petitioners who reside in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia or District of Columbia must file their stand-alone Form I-130 with the Lockbox using the following address:
  USCIS
  P.O. Box 804616
  Chicago, IL 60680-1029
  
• This jurisdiction change is mandatory.

02/19/2009: USCIS Receipting All "Current"

• USCIS has announced today that all the frontlog receipting processing times are current and there is no longer any backlog. This includes Chicago Lock Box as well.

02/15/2008: DHS Announced Resignation of Ombudsman Prakash Khatri

02/15/2008: USCIS Announcement of Consolidation of Biometrics Appointment and Collection for Concurrently Filed I-485 and EAD Application

• USCIS has announced that effective today USCIS will collect biometrics for both forms in one visit to the ASC, ensuring that each application is processed in a timely manner. Also, customers will only need to submit one biometrics fee ($80) with the I-485.The biometrics collection for the Form I-485 and a concurrent Form I-765 is being consolidated in order to improve customer service and make the most of agency resources. Previously, customers received a biometrics appointment from the ASC for the I-485, but were required to submit any necessary biometrics for an I-765 directly to the service center with jurisdiction over their case. For the full text, please click here.

02/15/2008: Proposed Foreign Labor Certification Applications Filing Fees

• The U.S. Department of Labor is planning the following filing fee charges for the permanent and temporary labor certification applications, which will be reflected in its legislation to authorize collection of filing fees:
  • PERM Permanent Labor Certification Application: $650
  • H-2A Temporary Agricultural Worker Labor Certification Application: $100 minimum with additional charge of $10 per worker covered in each proceeding upto maximum charge of $1,000 per application
  • H-2B Temporary Non-Agricultural Worker Labor Certification Application: $125 minimum with additional charge of $50 per worker covered in each application.
• For other details for forthcoming changes, please stay tuned to this website.

02/15/2008: ECFMG Introduces ECFMG Medical School Web Portal for International Medical Schools

• ECFMG has initiated the ECFMG Medical School Web Portal (EMSWP) which allows international medical schools to have access to a free, web-based program that enables them to verify the status of their students and graduates who have applied to ECFMG for the United States Medical Licensing Examination(tm) (USMLE(tm)). ECFMG requires that international medical schools verify the status of their students who apply to ECFMG for USMLE exams. Prior to the launch of EMSWP, ECFMG verified student status through a paper Certification Statement, completed by the student and his/her medical school for each USMLE application. Now, for a student whose medical school participates in EMSWP, a paper Certification Statement is no longer required for each exam application; instead, the student and his/her medical school will complete a paper Certification of Identification Form. Once it is accepted by ECFMG, the Certification of Identification Form remains valid for all exam applications submitted during the following five-year period. During this period, the student will be able to complete the exam application process entirely on-line using ECFMG's Interactive Web Application (IWA), and the medical school will verify the student's status on-line using EMSWP in response to each exam application. For students from non-participating schools, ECFMG
  will continue to require a completed Certification Statement for each exam application. Students will be able to determine if their medical school participates in EMSWP and obtain the appropriate form (Certification of Identification Form or Certification Statement) after completing the on-line part of the exam application using IWA. For additional details, please visit www.ecfmg.org.
  

02/14/2008: DHS Inspector General Congressional Testimony of 02/13/2008: One of the Congressional Close Oversight Needed Areas for DHS - USCIS Backlog

• The Inspector General of DHS testified before the Congress yesterday. One of the recommendations which he asked the Congress to keep a close eye on over the next twelve months as the country prepares for a national election and transitions to a new administration was USCIS Backlog of Immigrant Application. He testifies that a key factor in this effort will be the progress CIS makes in modernizing its information technology systems. CIS has developed a number of plans to modernize its systems, but none of them have been implemented fully. Until USCIS improves IT management and operations, the USCIS will not be in a position to either effectively manage existing workloads or handle the potentially dramatic increase in immigration benefits processing workloads that could result from proposed immigration reform legislation. Hmm.................................................
  

02/14/2008: USCIS Clarification of Denial vs. Rejection of EAD Renewal Application Filed Earlier Than 120 Days Prior to Expiration of EAD

• We posted this message on 02/04/2008 and raised this issue. The AILA has just reported that the USCIS clarified its message that the premature filing would be "rejected" rather than "denied." What this means is that the filers will at least save the filing fees.

02/14/2008: Holiday Reminder: Monday, 02/18/2008, Washington's Birthday

• Monday is a legal holiday for the federal government which is observed. Just reminder!

02/14/2008: Advisory for People in Palau in Pacific Oceans: Their Status Under U.S. Immigration & Nationality Act

02/14/2008: Advisory for People in Micronesia and Marshall Islands: Their Status Under U.S. Immigration & Nationality Act

• USCIS released this helpful and information information for the people in these terrotories on 02/13/2008 regarding their status under the U.S. immigration and nationality laws.

02/14/2008: House Subcommittee Hearing on Status of Visas & Policies on Foreign Students and Scholars on February 7, 2008

• The House had this important hearing that can have an impact on the employment-based immigration issues relating to the STEM foreign graduates in research and higher learning institutions. It is suggested that the EB immigrants in STEM to review the testimonies of witnesses in this hearing.
  • Purpose and Summary of the Subject
  • Testimonies of Witnesses:
    • :: Opening Statements by Rep. Brian Baird
    • :: Witness Statements ::
      Mr. Tony Edson
      Ms. Catheryn Cotten
      Dr. Harvey Fineberg
      Dr. Allan E. Goodman
• Under the current political environment and a long pause in the employment-based immigration legislation issues in the Hill, this is indeed an important news in that at least the Congress is giving attention to the predicament the research and higher learning institutions are facing owing to the failure of the do-nothing Congress and the Administration to act on the matter.

02/14/2008: Chicago Lockbox I-130 Receipting Update as of 02/13/2008: February 3, 2008

02/13/2008: SWA Access to E-Verify Employment Verification and Required Memorandum of Understanding

• The Department of Labor has been working with the Department of Homeland Security (DHS) and the Social Security Administration to provide State Workforce Agencies (SWAs) with access to the E-Verify employment eligibility verification system. SWAs are required to verify the employment eligibility of all referrals to H-2A job orders (see Training and Employment Guidance Letter 11-07, ch. 1, TEGL 11-07). The Memorandum of Understanding (MOU) is now available to enable SWAs to access E-Verify. The MOU must be submitted to DHS by the SWA in ord