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Immigration Law SeminarThis program has been approved for 3.0 General CLE credit hours in Ohio and Kentucky. We have also been approved for 3.0 General credit hours toward PHR, SPHR and GPHR recertification... more
What The Revised I-9 (Employment Eligibility Verification) Form Means for EmployersBeginning on February 2, 2009 all employers must use a revised I-9 Employment Eligibility Verification form when hiring a new employee or reverifying the work authorization of an existing employee. Below are the key things employers need to know about the revised Form I-9... more
E-Verify to Apply to Federal Contractors: What Employers Quickly Need to KnowToday, the Administration finalized a sweeping regulation that will require businesses contracting with the federal government (“Federal contractors”) to "verify the employment eligibility of: (1) all persons hired during... more
Immigration Bulletin - Legislative UpdateThe 110th United States Congress yielded the introduction of over 1000 bills that either focus solely on immigration issues, or contain immigration-related proposals. From this list, a handful have been followed especially closely for the implications and impact they have on the immigration... more
USCIS INCREASES “TN” (NAFTA) PERIOD OF STAYU.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension... more
State E-Verify Legislation: A SummaryWhile there is no federal mandate in effect at this time that employers participate in the government's E-Verify program, an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to verify electronically... more
USCIS to Issue Some Employment Authorization Documents With 2-Years of ValidityOn June 9, 2008 Homeland Security Secretary Chertoff and Commerce Secretary Gutierrez gave an address on the “State of Immigration.” Embedded in the statement is the announcement that USCIS will begin issuing 2-year EADs to individuals... more
USCIS Resumes Limited I-140 Immigrant Petition Premium ProcessingU.S. Citizenship and Immigration Services (USCIS) has announced that on June 16, 2008, it will begin accepting Premium Processing requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain foreign nationals... more
E-Verify for Federal Contractors by Executive OrderPresident Bush has issued an amended Executive Order (Executive Order 12989, As Amended) requiring that Executive departments and agencies entering into contracts to require, as a condition of the contract, that the contractor agree to use an electronic eligibility verification system (such as the Government's E-Verify program)... more
USCIS Proposes to Increase Periods of Stay for Canada and Mexico "TN" Visa HoldersU.S. Citizenship and Immigration Services (USCIS) announced on May 6, 2008 that it is publishing a Notice of Proposed Rulemaking (NPRM) to increase the maximum length of time a Trade-NAFTA (TN) professional worker from Canada or Mexico can remain in the United States... more
USCIS Modifies I-693 Medical Examination & Vaccination RecordU.S. Citizenship and Immigration Services (USCIS) has revised Form I-693, Report of Medical Examination and Vaccination Record. The revision
was triggered by changes to the Tuberculosis Component of the Centers for Disease Control and Prevention’s Technical... more
USCIS Announces Interim Rule on H-1B Visa ProgramOn April 1, 2008, employers may file petitions requesting H-1B workers for fiscal year 2009 employment starting on October 1, 2008. For fiscal year 2009, Congress has set a limit of 65,000 for most H-1B workers. Additionally, the first 20,000 H-1B workers who have a U.S. master’s degree or higher are exempt from the cap... more
USCIS on Revised Security Clearances for Adjustment of Status Applicants (Revised on 2/28/08)On February 20, 2008 we posted a News item about U.S. Citizenship and Immigration Services (USCIS) Q&A titled "FBI Name Check." On February 21, 2008, USCIS removed this "FBI Name Check" Q&A from its website and promised to replace it with an updated version. more
USCIS Q&A on Revised Security Clearances for Adjustment of Status ApplicantsOn February 11, 2008 we posted a News item about U.S. Citizenship and Immigration Services (USCIS)' revised security clearance for adjustment of status applicants. On February 20, 2008, USCIS released "Questions & Answers" about its revised guidance. The USCIS Q&A can be viewed... more
USCIS Texas Service Center To Pilot New Adjustment of Status ProcessingThe USCIS' Texas Service Center is reported to have started a new "PLUS Pilot" program for adjudicating concurrently-filed adjustment of status (AOS) applications. more
USCIS Revises Security Clearances for Adjustment of Status ApplicantsUntil last week, USCIS held Adjustment of Status (AOS) applications in abeyance until three security clearances had been fully completed. The three clearances include: (1) FBI fingerprint check; (2) IBIS (or TECS) multiple governmental database check; and (3) FBI name check... more
Important Change in International Land and Sea Travel Document ProceduresU.S. Customs and Border Protection (USCBP) reminds Canadian and U.S. citizens that effective January 31, 2008, U.S. and Canadian citizens ages 19 and older should no longer expect that they will be able to prove identity and citizenship by relying on an oral declaration alone... more
U.S. State Department Commentary About India EB-2 RetrogressionThe U.S. State Department's February 2008 Visa Bulletin indicates that the EB-2 category for persons born in India will be unavailable. This means that the category is closed and that the U.S. government will not issue any immigrant visas to natives in India seeking permanent... more
USCIS FAQ #2 on Receipt DelaysU.S. Citizenship and Immigration Services (USCIS) has advised its customers that, due to a tremendous increase in the number of applications filed, processing of fee payments and entry of cases into USCIS' tracking system is behind schedule...
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U.S. Department of State Comment regarding November Visa BulletinIn publishing the November Visa Bulletin, the U.S. Department of State explained that "[t]here has been no forward movement of the Employment cut-off dates for November. The reason for this is that it is still too early to see what impact..." more
2009 Diversity Visa Lottery Program RegistrationThe U.S. Department of State has posted guidance about how to apply for a 2009 Diversity Visa. Applications for the 2009 Diversity Visa (DV) Lottery will be accepted between noon Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 3, 2007 and noon... more
2009 Diversity Visa (DV) Lottery Instructions AvailableThe U.S. Department of State (DOS) has posted instructions regarding the 2009 Diversity Visa (DV) Lottery. DV2009 online entry begins at Noon (U.S. Eastern Time) on October 3, 2007, and ends at Noon (U.S. Eastern Time) on December 2, 2007. The DOS website where the DV2009 instructions... more
USCIS FAQ on Receipt DelaysU.S. Citizenship and Immigration Services (USCIS) has advised its customers that, due to a tremendous increase in the number of applications filed, processing of fee payments and entry of cases into USCIS' tracking system is behind schedule. As a result, applicants can expect notices... more
October 2007 EB Visa Cutoff Date ProjectionsThe American Immigration Lawyers Association has reported on a discussion with the Department of State's Chief of Immigrant Visa Control and Reporting regarding the State Department's informal projections on employment-based visa availability for the October... more
Visa Bulletin Updates for September 2007The U.S. Department of State reports that due to the return of unused July immigrant visa numbers by U.S. consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in... more
USCIS Issues Service Center and Lockbox Receipting UpdateU.S. Citizenship and Immigration Services (USCIS) has announced that it is experiencing a tremendous increase in the number of applications filed, which has resulted in a front log of cases awaiting data-entry. USCIS' announcement and latest weekly update about current receipt times... more
USCIS Reverses Itself -- Will Accept EB I-485 Adjustment Applications Through August 17, 2007On July 17, 2007, U.S. Citizenship and Immigration Service (USCIS) issued a "USCIS Update" announcing that USCIS (1) will not reject employment-based I-485 adjustment of status applications already properly filed on or after July 2, 2007 and (2) will allow eligible foriegn... more
USCIS Announces Temporary Suspension of Premium Processing for I-140sDetails regarding the temporary suspension of premium processing for I-140s can be found Heremore
The U.S. Government's After-The-Fact Changes to the July 2007 Visa Bulletin and How The Changes Impact Adjustment of Status ApplicationsOn July 2, 2007 the U.S. Department of State ("DOS") and U.S. Citizenship and Immigration Services ("CIS") took unprecedented action. First, DOS announced that it was withdrawing the Visa Bulletin for July 2007. Second, on the heels of DOS’ announcement, CIS posted an.. more
Latest Information on July Visa BulletinOn June 13, 2007, the U.S. Department of State ("DOS") released the Visa Bulletin for the month of July 2007. The July Bulletin indicated that the great majority of beneficiaries of employment-based (EB) Immigrant Petitions, including concurrently... more
Biometric Visa Program Transitioning to 10 Fingerscan StandardThe Department of State announced a change in the fingerprint standard of the Biometric Visa Program from two fingerscans to ten. Deployment of the 10 fingerscan systems to U.S. consular posts abroad began in April 2007... more
Visitors No Longer Required to Biometrically "Check Out" When DepartingThe Department of Homeland Security announced completion of the three-year pilot program that required international visitors to biometrically check out at select airports and seaports. Effective May 6, 2007... more
USCIS Updates Count of FY2008 H-1B Cap FilingsOn April 10, 2007, U.S. Citizenship and Immigration Services (USCIS) released new information about the number of FY2008 H-1B cap cases filed. As of April 9, USCIS has received a total of 119,193 H-1B petitions subject to the FY2008 cap... more
USCIS Announces FY08 H-1B "Cap" Reached on First DayUSCIS has announced that the H-1B cap for Fiscal Year 2008 was reached on the first day that filing was permitted, April 2, 2007. The USCIS announcement contains further information on the random selection lottery... more
USCIS Transfers I-485s to NSC and TSCThe American Immigration Lawyers Association (AILA) reports that in anticipation of the next phase of what U.S. Citizenship and Immigration Services calls its "Bi-Specialization Program," I-485 adjustment of status applications are being transferred from USCIS' California... more
USCIS Clarifies Criteria to Expedite FBI Name ChecksU.S. Citizenship and Immigration Services (USCIS) has revised the reasons for USCIS to request an expedited "name check" security clearance from the FBI. The filing of a "mandamus" lawsuit is not longer a basis for a name check expedite request to the FBI... more
DHS Launches Traveler Redress Inquiry ProgramThe Department of Homeland Security (DHS) announced today that it is launching the DHS Traveler Redress Inquiry Program (DHS TRIP). Under TRIP, travelers can now seek redress and resolve possible watch list misidentification issues with any of DHS' component agencies... more
USCIS Publishes Proposed Rule to Increase FeesUSCIS Press Release announcing the latest government proposal to increase fees for immigration an dNaturalization benefit applications and petitions. Click Here ... more
USCIS Launches Online Change of Address ServiceOn January 12, 2007, U.S. Citizenship and Immigration Services (USCIS) launched a web-based service that allows applicants to change their address. It can be found on the USCIS' website at: https://egov.immigration.gov/crisgwi/go?action=coa All non-citizens... more
Department of Homeland Security (DHS) to Launch "Travelers Redress Inquiry Program"On January 17, 2007, DHS announced that it will launch a DHS Traveler Redress Inquiry Program (DHS TRIP). The program is designed to enable individuals who have been repeatedly identified for additional screening at immigration ports of entry, or unfairly delayed, or denied boarding, to file an inquiry to correct erroneous information in DHS systems... more
US Department of Labor Extends "No Fault" RiR Conversion DeadlineThe US Department of Labor (DOL) has extended the deadline for submitting RiR conversion requests on labor certification applications pending at the DOL Backlog Elimination Centers until midnight on Monday, January 22, 2007... more
USCIS Announces New Policy Decoupling H-1B/H-4 and L-1/L-2 Period of StayOn December 5, 2006, USCIS issued a policy memo clarifying that any time spent in H-4 status, or L-2 status, will not count against the six- year maximum period of admission in H-1B status, or seven- year period of admission in L-1A status... more
USCIS Changes Practice Regarding FBI "Name Checks" and Mandamus ActionsBecause of the security clearances that are applicable to all U.S. immigration petition and applications, some applications and petitions (often I-485 adjustment of status applications and N-400 applications for naturalization) are extraordinarily delayed... more
State Department News Release on 2008 Diversity Lottery RegistrationsThe Department of State has issued a news release on the 2008 Diversity Visa Lottery registration numbers. The News Release covers the number of applications received and registration percentages by continent or region. Information is provided... more
USCIS Announces Plans to Revise the Current Naturalization ExaminationUnited States Citizenship and Immigration Services (USCIS) recently announced that it will revise the current naturalization examination "to create a test and testing process that is standardized... more
Western Hemisphere Travel Initiative: New Passport RequirementsThe U.S. Department of Homeland Security, together with the U.S. Department of State, recently announced new passport requirements as part of the Western Hemisphere Travel Initiative (WHTI.) Effective January 23, 2007... more
USCIS Continues To Expand Premium Processing ServicesU.S. Citizenship and Immigration Services (USCIS) will begin accepting Premium Processing requests for I-140 Immigrant Petition filings for EB-1 Persons of Extraordinary Ability, effective November 13, 2006. This recent announcement expands upon the USCIS's decision earlier... more
U.S. Department of State Eliminates Visa Issuance Fee for All Non-Immigrant Visas Issued to Indian CitizensEffective November 9, 2006, Indian citizens will no longer have to pay the $50 "visa issuance fee," or "Reciprocity Fee," when applying for a nonimmigrant visa to the U.S. Applicants for a nonimmigrant visa to the U.S. must continue to pay the $100 "visa application fee"... more
USCIS Launches New WebsiteU.S. Citizenship and Immigration Services recently announced the launch of their new website. The new USCIS website continues to be available at www.uscis.gov. To read the USCIS press release regarding their new website, please... more
DOL Issues Regulation Extending the Ability of Employers to Convert Traditional Labor Certification Applications to Reduction in RecruitmentOn October 6, 2006, the U.S. Department of Labor ("DOL") issued a new regulation which extends the time frame during which employers can opt to convert pending labor certification applications that were filed as a "traditional" application with the DOL... more
Foreign National Employees Can Now Check Their Case Status on the U.S. Department of Labor's WebsiteThe U.S. Department of Labor ("DOL") has launched a new website at which foreign national employees and U.S. employers can directly check on the status of a labor certification application pending at a DOL Backlog Elimination Center ("BEC")... more
Important Information For U.S. and Canadian Citizens Concerning Passport RequirementsThe U.S. Department of Homeland Security ("DHS") has proposed an implementation plan for a provision in The Intelligence Reform and Terrorism Prevention Act of 2004 which requires travelers to and from the Caribbean, Bermuda, Panama, Mexico and Canada... more
USCIS Expands Premium Processing to Three Additional EB Visa CategoriesU.S. Citizenship and Immigration Services (USCIS) announced that beginning September 25, 2006 it will begin accepting Premium Processing requests for I-140 Immigrant Petition filings for EB-1 outstanding professors and researchers, EB-2 members of professions with advanced... more
U.S. Government Announces 2008 Diversity Visa Lottery Program RegistrationThe U.S. Department of State (DOS) announced that applications for the 2008 Diversity Visa (DV) Lottery will
be accepted between Wednesday, October 4, 2006, 12 pm EST and Sunday, December 3, 2006, 12 pm EST. Applicants may access the electronic Diversity Visa entry form... more
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