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6 Dec 2004
Department of Labor Reorganization
The US Department of Labor is going to undertake a massive reorganization, as it relates to permanent (green card) labor certifications. Very little is known about how this process will be implemented, beyond the scope of the attached memo.
6 Dec 2004
US VISIT Update
6 Dec 2004
IRS Provides Guidance on Working in the US with Work Status, But with No Social Security Number
The IRS has provided guidance on working in the US with a valid CIS authorized work status, but with no social security number. See attached.
4 Oct 2004
No new H-1B's Until 10-1-05
US CIS has announced that no new H-1B's, for persons subject to the fiscal quota, will be available until October 1st, 2005. A press announcement is attached.
30 Sep 2004
Diversity Visa Lottery Opens November 6th.
15 Sep 2004
H-1B Numbers Close to Running Out
As of September 2nd, 45,900 H-1B's have been used against the 2005 fiscal year - a year which opens October 1st 2004. See this link for more information.
23 Aug 2004
Update on H-1B Numbers
17 Aug 2004
Biometric Passport Deadline Ford Visa Waiver Entries Has been Extended Again
17 Aug 2004
Expedited Removal is Expanded
On August 11th, the US Department of Homeland Security announced that it will expand its use of Expedited Removal to certain non-citizens apprehended within the US. Expedited Removal allows a DHS Officer to summarily remove a non-citizen from the US without a hearing or review by an immigration judge. Effective immediately, this can be done for persons: 1)found within 100 miles of the US/Mexico or US/Canada Border; 2)who are inadmissible because of an illegal entry, is an immigrant violator, or lacks proper documentation (INS 212(a)(6) and (7)); and 3) who cannot prove he/she has been continuously present on a lawful admission (inspected by an immigration officer) and in the US for more than 14 days. DHS has indicated that it does not intend to apply this to Canadians or Mexicans, unless the person has a history of criminal or immigration violations. A copy of the new rule is attached.
10 Aug 2004
Longer Employment Authorization Cards
2 Aug 2004
All 2005 DV Lottery Visa Winners Have Been Notified
2 Aug 2004
Immigration Changes Their Photograph Requirements:
Effective September 1, 2004, all applications submitted to US Citizenship and Immigration Services will need to conform to new photograph requirements. This photograph requirement is already in effect. This now brings US CIS in line with the US Department of State photograph requirements. A copy of the new requirements are attached.
22 Jul 2004
Special Registration is Modified But Still Exists
A copy of the changes and the current process can be found here.
1 Jul 2004
H-1B Visa Revalidation Through the Mail In Process Is Ending - No End to H-1B Program
18 Feb 2004
No New H-1B's Until 10-1-04
The 2004 fiscal limit for H-1B Visa's has been reached. No new H-1B's will be approved until 10-1-04. See the attached press release.
20 Nov 2003
More US CIS Processing Information is Online
8 Oct 2003
DHS, DOS, FBI, and CIA Create the Terrorist Screening Center
8 Oct 2003
New Memorandum of Understanding
The long awaited memorandum of understanding (MOU) between the US Department of State and the US Department of Homeland Security has been issued, and is attached. This is an important document, as the reorganization and creation of the US Department of Homeland Security changed the US visa authorization process, and moved some of the duties away from the US Department of State, which has authority for all US Consulates abroad, and put them into DHS.
8 Oct 2003
Visa Waiver Changes
Effective October 1, 2003, citizens of some of the Visa Waiver countries (Visa Waiver is a 90 day US entry for a business visit or vacation) are now required to have machine readable passports to enter the US on the Visa Waiver. The citizens that must have a machine readable passport to enter the US on the Visa Waiver include Andorra, Brunei, Belgium, Liechtenstein, Luxembourg, and Slovenia. Citizens from any other Visa Waiver eligible country do not need to have a machine readable passport until October 26, 2004 - these include: Australia, Austria, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Spain, Sweden, Switzerland, and the United Kingdom. Citizens affected who are required to have a machine readable passport, but do not, must either apply for a regular B-1/B-2 consular visa, or secure a machine readable passport. A copy of the press release is attached.
19 Aug 2003
Diversity Visa Lottery Information Now Available
The 2005 Diversity Visa Lottery information is now available. Unlike previous years, the applications will have to be made on line by registering at WWW.DVLOTTERY.STATE.GOV, and the new application dates begin November 1st and run until December 30th. No paper entries are permitted. A copy of the specifications and rules are attached.
12 Aug 2003
New Memo Clarifies Adjustment Portability Cases
Under a recently enacted immigration law, persons who have an I-140 approved, and who have an Adjustment of Status petition pending for more than 6 months, can utilize a provision called Adjustment Portability, to change employers before the green card process is complete. A new memo from BCIS further clarifies the current process (as Regulations have not yet been issued), particularly for persons whose I-140 has been revoked by the previous employer. A copy of the memo is attached.
6 Aug 2003
Suspension of the Transit Without Visa Program
Effective August 2, 2003, the US Department of Homeland Security and the US Department of State have suspend the Transit Without Visa program (TWOV) and the International-to-International (ITI) program. Accordingly, no longer will persons who have a stop off into the US on their way to another country be allowed to board the flight, unless the persons have a Visa or are eligible for a Visa Waiver. See the attached for a copy of the announcement.
16 Jul 2003
Department of State to Mandate In Person Appointments For Most Nonimmigrant Visas
The Department of State has issued a regulation, scheduled to take effect on August 1, 2003, which mandates that almost all Nonimmigrant Visa applicants must apply in person at a US Consulate abroad, for a Visa. This requirement, which replaces the mail in Visa process which has been in place for many years at most Consulates, is expected to increase processing times for all Visas at US Consulates. We have been informed that there is no funding dedicated to support this added workload. The effects of this are already being put into place at US Consulates. A copy of the Federal Register announcement is attached.
22 May 2003
US DOS Explains Penalties for Failure to Report Departures Under NSEERS
On May 12th the US Department of State issued a memo addressing the Consular Visa penalties for persons who are subject to NSEERS (National Security Entry Exit Registration System), but who fail to comply with one of the requirements. Under NSEERS, persons are required to register with US immigration officials every time they arrive at a US port of entry, have a 1 year anniversary from the first registration, and register every time they depart the US. The attached memo describes the penalties for persons who fail to report upon departing the US, and when they then subsequently apply for a Visa at a US Consulate abroad. Specifically, persons who are subject to NSEERS who fail to register when they depart the US are ineligible for a Consular Visa, or readmission to the US, absent evidence showing "good cause" as a basis for not complying with the registration process.
5 Mar 2003
New Nonimmigrant Visa Form
The US Department of State has issued an updated version of the nonimmigrant visa form, DS-156, required for all nonimmigrant visa applications at US consulates around the world. A copy of the new form is attached.
4 Mar 2003
B Visitor Changes Withdrawn
4 Feb 2003
Commonwealth Citizen Canadian Landed Immigrants Now Need Consular Visas
The US Immigration and Naturalization Service has published a new rule that will take effect March 17, 2003. Under this new rule, persons who are citizens of a British Commonwealth country or citizens of Ireland, who are also Canadian Landed Immigrants will, as of March 17, 2003, need a visa, issued by a US Consulate, in order to travel into the US. Similarly, persons affected by this rule are ineligible to utilize the Canadian Border Boat Landing Permit (that permit is only for Visa Waiver counties, US and Canadian citizens). Prior to this rule, Canadian Landed Immigrants who were citizens of a British Commonwealth country, were visa exempt. This new rule does not change the rules as they apply to Canadian citizens, who continue to be visa exempt. This rule also has no impact on the Visa Waiver provisions for persons from eligible countries.
2 Oct 2002
INS Memo on the Child Protection Act
The US Immigration and Naturalization Service has provided a memo discussing how the Child Status Protection Act is going to be implemented. This new law allows some children to still apply for a green card, provided certain actions are taken before the child turns 21 years of age. This dramatically changed a long standing provision of US immigration law. Previously, children who turned 21 years of age "aged out", and were unable to receive any benefits from their parents, even if the reason for the delay was long INS processing times. The memo is attached.
2 Oct 2002
DOS Memo on the Child Protection Act
The US Department of State has provided an email discussing how the Child Status Protection Act is going to be implemented. This new law allows some children to still apply for a green card, provided certain actions are taken before the child turns 21 years of age. This dramatically changed a long standing provision of US immigration law. Previously, children who turned 21 years of age "aged out", and were unable to receive any benefits from their parents, even if the reason for the delay was long processing times. A copy of the email is attached.
12 Sep 2002
INS Provides Additional Guidance on Waivers of Interviews for Employment Based Adjustment Cases
The US Immigration and Naturalization Service has provided additional guidance regarding when the agency will schedule an employment based Adjustment of Status case, which was originally filed with a Regional INS Service Center, for an in person interview. The memo is attached.
5 Aug 2002
New DS Form Required for All F, M, & J Visa Applications
Effective July 25, 2002, the new form DS-158 will be required for all applicants applying for a new or extension of their F, M or J Visa at a US Consulate or Embassy abroad. This form is in addition to the already required forms DS-156 and DS-157 (for certain male applicants ages 16 to 45). Form is attached.
5 Aug 2002
INS Now Allows Concurrent Filing of I-485 Adjustment Along With I-140, In Some Cases
The US Immigration and Naturalization Service has now published a rule, effective 7-31-02, which permits individuals who file or who have filed an I-140 petition for Immigrant Worker, to apply directly for Adjustment of Status (I-485), as well as work (I-765) and travel authorization petitions (I-131). This applies either when a company files/filed the I-140, or the individual is permitted to do so. This is a major change in the process. Previously, persons had to wait until the I-140 was approved before the Adjustment could be filed. The underlying I-140 must be for EB-1, 2 or 3 categories. Moreover, the immigrant visa must be immediately available (no backlog in the Department of State priority date for the employment category and country of citizenship - per the Department's Visa Bulletin). A copy of the notice is attached.
4 Jun 2002
New Immigration Security Clearances
In April 2002 the US Immigration and Naturalization Service (INS) instituted a new security clearance procedure for all future and currently pending immigration applications. The new clearance the Interagency Border Inspection System (IBIS), must be performed before any application can be approved. Initial INS processing delays are expected as part of this new system. This new system is in response to the events in New York City on September 11, 2001.
4 Jun 2002
Nonimmigrant Visa Denial in Canada and Mexico Can Prohibit US Entry
2 May 2002
INS Limits Discretion to Admit Persons Into The US Who Lack Proper Documentation
In November 2001, the INS announced that if a person is attempting to enter the US, and he/she does not have the proper Visa or documentation, then only a high level INS official at the local INS office may permit entry or issue a deferred inspection. This will be done only on a case-by-case basis, and only where there are compelling circumstances that warrant the use of discretion. This changes the long standing policy that permitted line INS officers to exercise discretion in these types of cases. This decision was due to the events at New York's World Trade Center on September 11, 2001.
24 Apr 2002
New Visa Form – DS-157
The Department of State, in light of the events on September 11, 2001, has added a new form for persons applying for a temporary nonimmigrant visa. The new form, DS-157 is required from all males applying for a visa, who are between the ages of 16 and 45.
24 Apr 2002
Spouses of L and E Visa holders Are Now Authorized to Work
On January 17th, president George Bush signed into law a new immigration provision that allows spouses of an L and E Visa holder to work in the U.S. This is a major change in U.S. immigration law, since traditionally spouses had to secure independent work authorization. The new law does not limit the work occupation or location. These petitions can only be filed after both employee and spouse have made an entry into the U.S. The implementation to this law was set forth in the attached policy memo.
24 Apr 2002
All Aliens Must Report Change of Address
24 Apr 2002
Carry Your Immigration Documents With You
24 Apr 2002
New INS Rule Prohibits Changes from B Visitor Status to F-1 Student Status.
On April 12, 2002 the INS issued an interim rule that, effective immediately, prohibits persons who have entered and are present in the US in B-1 or B-2 visitor status from applying for a change to F-1 or M-1 student status. The INS Memo is attached.
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