The Department of State (DOS) released the Visa Bulletin for July 2008. The visa bulletin provides information regarding the availability of immigrant numbers every month. Consular and Citizenship and Immigration Services officers report the number of applicants for permanent residence. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be given a number.

click here to view the visa bulletin for the month July.

Although current EB1 and EB2 (except for China and India) categories are close to the annual numerical limit and the EB3 category is unavailable to the numerical limit.

In the Family based categories, retrogression has slightly changed, except for 2A category for Mexico, which is now unavailable. 

 Angela M. Lopez

Categories: Employment Immigration, Family Immigration |

USCIS posted on its website a new edition of Form I-9, Employment Eligibility Verification. No previous editions of the form are being accepted.

Click here to view and download the new Form

 Angela M. Lopez

Categories: Employment Immigration, Employer Compliance |

On June 9, 2008, President Bush issued an executive order prohibiting federal contracting agencies from contracting with any companies who do not use an electronic employment eligibility verification system designated by the Secretary of Homeland Security.  The Executive Order does not specify when contractors must comply nor does it designate the specific electronic verification system contractors must use. However, Secretary Michael Chertoff of the Department of Homeland Security responded to the Executive Order by designating E-Verify as the system of choice “to ensure that the federal government only does business with companies that agree to verify the legality of their new hires and further, that the specific employees tapped to perform contract services in the United States for the federal government are authorized to work in this country.”

The E-Verify program (formerly the Basic Pilot Program) is a voluntary, internet-based system, jointly managed by the Department of Homeland Security (DHS) and the Social Security Administration (SSA).  The E-Verify program requires participating employers to verify employment eligibility of new hires by checking the employee’s I-9 information against the SSA and DHS databases.

Companies with federal contracts and others should carefully plan the implementation of E-Verify immediately. Because the use of E-Verify is not risk-proof, cautious employers should contact an immigration attorney before acting.  Badmus Immigration Law Firm (BILF) offers counseling and training in E-Verify implementation. Contact your BILF attorney immediately to avoid the pitfalls of this new turn in immigration compliance.

Click here to contact us.

By Ann Massey Badmus

Categories: Employment Immigration, Employer Compliance, General |

On June 9, 2008, Chertoff annouced that USCIS will begin issuing two year work permits, instead of one year work permits, for certain individuals who have pending adjustment of status cases (pending green cards).  To read the release, click here.

By Michelle Richart

Categories: Employment Immigration, Family Immigration, Medical Professionals, Blogroll, General |

In order to help expedite applications and due to recent delays in naturalization applications, USCIS just announced that it will begin a centralized processing procedure.  To read the release, click here.

By Michelle Richart

Categories: Employment Immigration, Family Immigration, Blogroll, General |

On June 6, 2008, the Department of Homeland Security released the following press release:

 For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

The U.S. Department of Homeland Security (DHS) announced today the launch of three initiatives – the Global Entry pilot program, the Passenger Service Program, and an expanded Model Ports Initiative – intended to strengthen customer service at U.S. ports of entry.

“Perhaps the single criticism we hear most from international travelers is frustration with the entry process,” said Homeland Security Secretary Michael Chertoff. “We’re committed to a more welcoming environment for the roughly one million foreign travelers arriving at our ports each day. These initiatives will reduce much of the frustration and anxiety we encounter, and make it easier on our frontline personnel to focus even more on actual security and criminal risks.”

Global Entry is a customer service and security program designed to expedite the screening and processing of pre-approved, low-risk travelers entering the U.S.* Currently only U.S.Citizens and Lawful Permanent Residents (LPR) are eligible to join.** The pilot starts today at George Bush Intercontinental, John F. Kennedy International and Washington Dulles International airports. Global Entry applicants will voluntarily provide their biographic and biometric information, undergo a background check and complete an interview with a U.S. Customs and Border Protection (CBP) officer. Once accepted, Global Entry travelers can use a kiosk at any of the three pilot airports to verify their identity electronically and make any needed customs declarations. CBP has been accepting applications at www.cbp.gov/travel since May 12.

Under the new Passenger Service Program, CBP Program Service Managers will serve as a dedicated point of contact for identifying and resolving passenger issues. The initiative promotes customer service techniques in officer interactions with the traveling public, and includes joint efforts with the private sector and industry stakeholders to reduce wait times through the use of improved signage and technology. The program will be established at CBP’s top 20 Model Ports.

The department also is expanding the Model Ports Initiative to 18 additional airports. Originally established in 2006 as part of the Rice-Chertoff Initiative, Model Ports has enhanced border security with the use of the new technology while streamlining security processes and facilitating travel for legitimate visitors. In addition to brochures and increased signage, a new video, currently available in Spanish, French, German and English, will assist travelers through the customs and immigration process by providing practical information about the entry process and required entry documents and forms.

In a related effort, CBP is providing wait times online at www.cbp.gov for 16 of the busiest international airports and pedestrian wait times for 12 land border crossings in Arizona, California, and Texas.

###

* Removed the word “foreign”; ** added sentence, June 6, 2008.

 By Michelle Richart

Categories: Employment Immigration, Family Immigration, Blogroll, General |

Recently, the Department of Labor (DOL) has conducted a review of denied PERM cases in the appeals/motions queue for “clear error,” and that 350– more than one-third of the approximately 900 cases reviewed thus far –have been returned to the PERM queue for processing.
This is the result of a pilot program advocated by AILA, as discussed in this passage from the minutes of the April 3, 2008, stakeholder meeting:
“The DOL has initiated a pilot ’sub-queue’ of ‘government error’ cases by pre-screening them. Examples of ‘government error’ would be requiring Kellogg language when it is not required; a clear communication problem such as where an audit letter is not received by an employer or representative, or where an audit reply is timely submitted but is not matched with the case, and data entry errors on mail-in cases.”

AILA InfoNet Doc. No. 08052961 (posted May. 29, 2008)

Categories: Employment Immigration, General |

According to the Texas Service Center (TSC) I-140 manager, the May 15, 2008, USCIS Processing Time Report posted online lists incorrect processing times for I-140 petitions. Currently, TSC is processing I-140 petitions from July 16, 2007, instead of the previously reported August 26, 2007. USCIS Headquarters has been notified, and a correction should be issued quickly. As such, please do not send TSC liaison inquiries for I-140 petitions filed before July 16, 2007.

AILA InfoNet Doc. No. 08053061 (posted May. 30, 2008)

Categories: Employment Immigration, General |

USCIS posted supplemental Q & As to its website regarding the 4/4/08 interim final rule extending optional practical training (OPT) for qualified F-1 nonimmigrant students.  Click the link below to review the Q&A.

 USCIS Releases Supplemental Q & As on OPT Extension for STEM Students 

By Ann Massey Badmus

Categories: Employment Immigration, General |

In the wake of Congress’s 2007 failure to pass comprehensive immigration reform, state authorities have rushed to fill the vacuum, doing the one thing in their power to deal with the broken immigration system: crack down harder - with more aggressive enforcement, new restrictions, and more punitive penalties. The consequences are being felt across the nation, in workplaces and immigrant neighborhoods. But nearly a year later, there are signs that some state lawmakers are questioning this approach, starting to see that while enforcement is a critical piece of the answer that’s needed, enforcement alone will not solve the problem.

The New Battleground: Immigration in the States - The Outlook for Business the new report from ImmigrationWorks USA, a national organization advancing immigration reform that works for all Americans - employers, workers and citizens - examines these various state efforts, identifies which ones are effective and constitutionally permitted, and provides a detailed outlook for the future on where these efforts are headed.

 Click the link below to read this important report (Adobe Reader required):

The New Battleground: Immigration in the States - The Outlook for Business

AILA InfoNet Doc. No. 08052169 (posted May. 21, 2008)

Categories: Legislation and Policy, Employment Immigration, General |