Law Offices of Lalita Haran, J.D., LL.B.

Law Office of Lalita Haran
13295 Illinois street,
Suite 139
Carmel, IN 46032
United States

ph: (317)660-6174
fax: (765) 864-1802
alt: Office: (765)854-1004

News

 

Immigration In News (Archive)

 

 

Immigration response to Disater in Haiti (Posted 1/12/10)

        The U.S. government halts removal of deportee to Haiti becaause of the disaster.  There is no word on when removal to Haiti would resume but it is reported that the Immigration & Customs Enforcement (ICE) is closely monitoring the situation. 

        The Secretary of State, was asked in her television interview whether Haiti would be designated the Temporary Proteceted Status because of disaster.  She quickly stated that the President has a team working on it but quickly focused attention to the rescue efforts as the main focus at the moment.  American Immigration Lawyers Association supports grant of TPS to Haiti and has requested the government that Haiti be designated for Temporary Proteceted Status.

 

H1B Cap 2009 (Posted 12/29/09).

        The cap is reached on 12/21/09 as USCIS received more than the necessary applications to exhaust the H-1B numbers.   

        A lottery was conducted although limited to the applications received on Monday 12/21 since the number of applications on Monday 12/21 exceeded the H-1B visa numers avilable on that day. 

        The U.S. government reports that the advanced degree H1b exemption limit is reached.  Any further advanced degree H-1B applications would now be counted towards the general h1b cap which is also close to reach its ceiling limit. (revised 11/24/09)  Read more . . .

 

Trafficking Victims find support in new rules(Posted 11/24/09)

          Parent and siblings below 18 yrs. of age of a victim of trafficking  may now seek nonimmigrant visa regardless of teh age of the T1 visa holder victim if they are threatened with retaliation because of teh escape of the victim of trafficking.  The provision would apply to both the accompanying as well as the following to join parent or such sibling.     

 

Conrad 30 provision, EB-5 investor visa section and E-verify program are also extended for three years. (Posted 11/3/09)

 

Immigrant visa for Religious non-minister worker New law extends the provision for three more years. (Posted 11/3/09)

 

New E-verify requirement for federal contractors becomes effective since September 8th, 2009 and ropes in their sub contractors.  Await my blog posting.  (Posted 9/16/09) 

 

Top film actor from India, Shah Rukh Khan less pleased because delayed at Immigration in U.S.  Read more . . . (posted 19 August 2009)   

 

I-140 Premium Processing resumed for most cases

          USCIS announces that it would resume premium processing for certain I-140s from June 29, 2009.  

 

DHS amends policy to avoid Widow penalty (Posted 06/09/09)

In a welcome chage of policy announced today the Director of Homeland Security, Janet Nepolitano directs the USCIS to suspend re/adjudication of surviving spouses' petitions based solely on the death of their U.S. citizen spouse.  The surviving spouse of the deceased U.S. citizen and their unmarried and under 18 yr old children are granted deferred action for two years.  The DHS release clarifies that this means that the removal proceedings against the surviving spouse and eligible children of the U.S. citizens would be suspended using the prosecutorial discretion.  The release also notes that the Congress should change the legal definition of "immediate relatives," to include surviving spouse.

 

New H-1B Update (Posted 5/7/09)

         As of the First of May, 2009, the h-1b annual quota is not yet filled up for the new Fiscal Year.  About 45,000 applications have been received so far, according to an update offerred by the USCIS.  In April, 2008 the Government Agency had received more than the annual quota on the first official filing day but was required to continue to accept applications for the next three days.  The total number of the H-1B applications received last year were upto three times the annual limit fixed by the Congress while this year even a month after the filing had started employers can still file H-1b petitions to hire foreign workers.  The marked difference may be due to the changing economic conditions combined with the new government regulations requiring employers to satisfy some additional requirements before hiring foreign national employees. 

 

H-1B petition filing season started April 1st.  As of April 20th about 44,000 new petitions have been filed.  The recession, job loss and the government offerred economic stimulus discouraging hiring of foreign workers may be the largest contributors to the fact that the annual H-1b quota is still available and not exhausted like last year when the Government received three times more applications than the available quota i.e. 65,000. 

The advanced degree exemption applications received so far have reached 20,000 which is the maximum allowed.  USCIS is continueing to receive the advanced degree applications even as it has received enough number of applications that could fill the exemption quota because the government agency's past experience shows that not all applications received would be approvable.

 

President extends Deferred Enforced Departure (DED) (Posted 3/24/09)

          President Obama orders extension of Deferred Enforced Departure for Liberian nationals  earlier granted Temporary Protected Status (TPS) who were fleeing their country as a result of armed conflict and civil strife.  The TPS earlier ended in October 2007 but a previous Presidential oreder allowed the TPS holders to remain in U.S. under the DED upto March 31, 2009.  The new Presidential order extends the DED period by another 12 months. 

 

Congress passes Children's Health Insurance Bill (Posted 2/5/09)

         The State Children's Health Insurance Program (SCHIP) Bill now goes to to the President for his signature.  The Bill reauthorizes the CHIP program and offers extra funds to the states to promote children's health.  The Bill was earlier vetoed by the former President George Bush.

         The reauthorization Bill also includes Immigrant Children's Health Improvement Act (ICHIA) which allows States to waive the existing 5 yr. waiting requirement and would help immigrant children and pregnant women access the health insurance benefits

 

Presidetial memo on FOIA and Open Government  (Posted 1/23/09)

          President Obama issued a memo that requires the U.S. Attorney General to issue new Freedom Of Information guidelines to the government departments and agecies and another encouraging transparecy in the U.S. government.  The President directs that disclosure of information must be timely and should not be curtailed to protect personal interests of the government officials even if it causes them embarrassment.  A welcome sign!  Read the full text of FOIA memo here and on the Open Government here. 

Court suspends E-Verify compliance by federal contractors: (Posted 1/11/09)

          In a lawsuit filed by the U.S. Chambers of Commerce and others in the Federal District Court of Maryland, the court suspends the implementation of the e-verify on federal contractors and subcontractors until February 20, 2009.  The suit seeks to permanently enjoin the Rule as invalid. 

 

DOL recognizes employers' right to legal advice during Labor Certification: (posted 10/31/08) 

          Responding to a protest by the American Immigration Lawyers' Association's against some public statements allegedly made by the agency, the Department of Labor issued a statement recognizing the employer's right to consult lawyers on legal questions during the PERM process. 

          Earlier, the DOL had faced widespread protests after it made public its interpretation of the relevant rules as prohibiting employers from consulting lawyers during Permanent Labor Certification, a process required to be followed before permanently hiring foreign workers.  AILA's protest outlined that through distribution of its public affairs Q& A, the Department was providing a different interpretation of the Rules that deprived the employers of their right to counsel during PERM, a practice, well established and recognized under the existing Rules. 

Special Immigrant Religious worker program expires:  (posted 9/22.08)  

          A reminder issued on the September 19, 2008 says that two of the categories of the special immigrant non-minister religious worker program expire on October 1, 2008. 

          Check out my blog for more . . .

Conrad 30 Waiver program extended

           President signs extension of the Conrad 30 program into the Law.  The program enables the foreign medical graduates on J1 visa status to seek waiver of the 2 year foreign residence requirement if the physician serves in the health professional shortage areas also known as medically under served areas.

Passport Cards: (posted 7/22/08)

           According to its statement, the U.S. Government has begun issuing Passport cards.  The wallet sized document is designed for use by U.S. Citizens travelling by land or sea between U.S. and Mexico, Canada, the Carribean and Bermuda. 

           Travellers would need to show citizenship and identity document beginning June 2009.  Although, not valid for international travels by air, it is claimed that the card would facilitate travel of Americans living in border communities. by using a vicinity-read radio frequency identity chip (RFID).  The card contains a unique number that is read by using a vicinity read-radio frequency identity chip and allows the U.S. custom and border Protection officers to access the traveller's biographical information and photograph contained in the government database. 

TPS (Posted 9/26/08)

              Temporary Protected Status has been extended for those from Nicaraguans and Hondurans, effective January 6, 2009 through July 5, 2010.  In order to receive TPS these people must have entered United States on or before December 30, 1998.

U.S. Visa issuance in Pakistan halted indefinitely (posted 9.25/08)

          Nonimmigrant and immigrant visa issuance at U.S. Embassy in Pakistan is indefinitely suspended and interviews therefor are to be rescheduled.  Only the emergency services are provided to U.S. citizens who are advised to call the switchboard in case of emergency.     

 

E-verify for CPT students (posted 9/17/08)

           Students on curricular practical training (CPT) are considered to be taking employment and are subject to the e-verify process. 

           In answer to questions the USCIS says that although no employment authorization is needed for CPT students, the employer must still run an e-verify querry for them.  Since the e-verify system does not access the  SEVIS during the first automated verification process, all these students would go for a secondary verification and should receive employment eligibility confirmation once their records are located in the SEVIS.   

 

H-2B (posted 7/31/08) 

           The h-2b cap has been reached on July 29, 2008 for the first half of the Fiscal Year 2009 i.e. the employment start date before 4/1/09. 

           On 7/29/08 USCIS had noted that 34,677 H-2B applications have been received so far.  Althought the semi annual CAP for the visa category is 33,000 A total number of 40,000 applications are to be received to reach the cap. 

 

New Vaccination Requirements (posted 7/25/08)

             Vaccination list for adjustment of status applicants seeking lawful permanent residence are revised.  The following age appropriate vaccinations are added to the list: Rotavirus, Hepatitis A, Meningococcal, Human Papillomavirus and Zoster. 

           The vaccines would be administered starting August 1st, 2008.  The form I-693 is amended and applicants must use the June 5, 2008 edition of the form for adjustment of Status applications.

 

H-2B Numbers (Posted 7/25/08)

           Until July 23rd 31,619 H-2B applications were received against the total numerical limit of 33,000 for the first half of 2009.  So far 19,835 applications have been approved and 11,784 are pending consideration. 

           The Government Agency needs 40,000 applications, which is 7,000 applications in excess of the total visa available for the half year, to reach the semi annual CAP providing an allowance for withdrawals, denials and revocations.

           H-2B visa allows businesses to hire foreign national for their intermittant or seasonal needs and has a prerequisite of a temporary labor certification from the Department of Labor.  Applications are filed in June or July for employment starting in October. 

 

New Vaccination Requirements (posted 7/25/08)

           Vaccination list for adjustment of status applicants seeking lawful permanent residence are revised.  The following age appropriate vaccinations are added to the list: Rotavirus, Hepatitis A, Meningococcal, Human Papillomavirus and Zoster.

           The vaccines would be administered starting August 1st, 2008.  The form I-693 is amended and applicants must use the June 5, 2008 edition of the form for adjustment of Status applications.

 

Combined EAD & Advance Parole cards issued in error (Posted 7/18/08)

           Some recently issued employment authorization cards were erroneously inscribed with notation "serves as I-512 Advance Parole." 

           USCIS instructs that these EADs with advance parole notation would not be evidence of travel authorization.  It further instructs that those who wish to travel on advance parole should not travel without an approved I-512 advance parole. 

 

EAD for Refugees (posted 7/12/08)

           Refugees would soon be able to receive initial employment authorization document valid for two years.  USCIS claims that this step would ease the financial burden as well as improve Agency efficientcy. 

           This step would free some of the officers who would be able adjudicate other matters and as the Agency estimates  would save $340 that a refugee would normally spend for renewal of EAD atleast once before adjustment of status. 

 

Religious Visa (R1)  (Posted 7/10/08)

           Premium processing for religious visa remains suspended until atleast January7, 2009.  Premium processing guarantees that certain employment based visa qualify for faster processing time (15 days from filing).  USCIS claims that it can not provide the faster processing of religious visa due to complexities involved in adjudicating the  visa. 

           On April 25, 2007, USCIS proposed significant revisions to its regulations related to the special immigrant and nonimmigrant (R-1) religious worker visa classifications. The proposed rule suggested steps to eliminate fraud in the religious worker program and discusses potential vulnerabilities addressed in an August 2005 Benefit Fraud Assessment conducted by USCIS’ Office of Fraud Detection and National Security.

           USCIS is currently considering comments on the proposed rule and promulgating the final rule.  USCIS will continue processing R-1 nonimmigrant visa petitions which include established procedures designed to ensure the legitimacy of the petitioner and statements made in the petition.  The procedures may include inspections, evaluations, verifications and compliance reviews for religious organizations – procedures that exceed the 15-day guarantee for premium processing.

 

Newest Passport Center in Tucson, Arizona (posted 7/2/08)

          A new passport center is opened in Tucson, Arizona on June 30, 2008.  The centre is located at 7333 Rose Wood Street and is operated by a contracting company.  It is designed to prepare and mail over 10 million passports and between 800,000 to 2 million Border Crossing Cards (BCC) annually. 

          A Border Crossing Card is an entry document used by citizens of Mexico and Canada living near the U.S. Border.

 

Overseas Naturalization (posted 6/02/08)

           The first Military spouse naturalizes overseas (in Frankfurt, Germany) pursuant to the National Defense Authorization Act signed into effect beginning of 2008.  As a result of this new provision Imigration and Nationality Act now allows certain spouses of U.S. military to naturalize overseas in the countries they are stationed.  Until now the Naturalization provision could be invoked if the military spouses were physically present in the United States. 

 

Federal Contractors must follow E-Verify (posted 6/12/08)

          The Executive Order 12989 is amended to require that all federal contractors use the electronic employment eligibility verification system to verify the employment eligibility of all the persons hired during the contract term and of all those workers performing work within United States on a federal contract.

 

Tijuana Field Office  (posted 6/19/08)

          USCIS field office at Tujuana, Mexico would permanently close on July 3, 2008.  The office would stop receiving some applications including I-130, after tomorrow June 20, 08 and forward them to another office for processing.  The applications to abandon the Lawful permanent resident will be accepted till July 1, 2008.  After this date the I-407 should be made to the Department of State.

 

Federal Contractors must follow E-Verify  (posted 6/12/08)

            The Executive Order 12989 is amended to require that all federal contractors use the electronic employment eligibility verification system to verify the employment eligibility of all the persons hired during the contract term and of all those workers performing work within United States on a federal contract. 

 

Premium Processing for Employment based Immigration is about to Start June 16:  (posted 6/11/08)

          USCIS just announced that it would soon start the premium processing for I-140 petitions for a limited category of H-1B Foreign nationsl who are nearing the end of their 6th year extension.  

          Premium Processing is USCIS guarantee that the petition would be processed within 15 days of receipt and an approval, denial or or other request or notice would issued pursuat to processing.  It is however not a guarantee of favorable disposal of the petition.   

 

Suit to Recover TPS Fee(posted 05/23/08)

          Nationals of El Salvador, Nicaragua and Honduras who filed for Temporary Protected Status seek injunction and refund of registration fee in charged in excess of $50 (especially the $80.00 Biometric fee) as against the law.  Hearing is scheduled on June 30, 2008.  The Court said that Immigration and Nationality Act prohibits imposition of fee in excess of $50 as a condition of registration for TPS and the biometrics fee is part of the fee charged as a condition of registration. 

 

Forms at USCIS website (posted 5/20/08)

          After a recent update some of the cricial forms (I-130 family based immigrant visa petition, I-485 Adjustment of Status, I-765 EAD, I-131 advanced parole) were not accessible at the USCIS website.  While the government agency is looking into the issue the forms may be obtained by typing the url in the browser address field e.g. http://www.uscis.gov/i-130, http://www.uscis.gov/i-131, http://www.uscis.gov/i-485, www.uscis.gov/i-765

 

Bill on Medical Care for Detainees (posted 5/15/08)

           Representative Zoe Lofgren (D-CA), introduced a Bill in the House titled “Detainee Basic Medical Care Act of 2008” (H.R. 5950).  The Bill requires the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in the custody of the Department of Homeland Security.  

On 5/12/08, Senator Robert Menendez (D-NJ) announced that he was introducing a companion bill (S. 3005) in the Senate.

 

TN visa changes (posted 5/7/08)

           Good news!  NAFTA professionals soon would be able to seek TN visa for 3 years period of stay instead of the present 1 year period and also seek extensions in increments of 3 years.  USCIS proposes to change the rules relating to period of stay and extensions for TN Visa from one year to three year term.  

           This brings the TN visa at par with H-1B visa and alleviates the cost burden on the TN beneficiary associated with renewal of the visa every year.  Proposed rule also covers the dependent spouse and minor, unmarried children of the TN visa non immigrant beneficiary, in their corresponding nonimmigrant category.  

 

VAWA Guidance (posted 4/24/08)

           In a policy guidance issued on 4/11/08, USCIS, revises its interpretation of section 245(a) Immmigration and Nationality Act and allows the self petitioning victims of spousal abuse to reopen their adjustment of status application, denied earlier because of  EWI i.e. presence in U.S. without having been inspected, admitted or paroled). 

 

South Korea joins the Visa Waiver Program  (posted 4/19/08)

The visa waiver countries are required to adopt enhanced security measures.  

VWP was reformed in August 2007 which requires the existing countries to implement stronger security arrangements and the new countries aspiring to join the program are to meet the expanded conditions e.g. implementation of electronic travel authorization, ensuring that the lost and stolen passports are reported promptly etc.

For over twenty years the visa waiver program included only twenty seven countries from Asia and Europe.  Recently, Czech Republic, Estonia, Latvia, Slovakia, Hungary, Lithuania and Malta had joined as the VWP list of countries.

 

I-94 and I-94W (posted 4/17/08)

          Customes and Border Protection is proposing to add additional boxes to the I-94 and I-94W forms requiring telephone and the email address from the nonimmigrants. 

The CBP justifies collection of the information as necessary to overcome any objection to admissibility of the person.  Also, it appears that efforts are underway to establish an automated entry and exit process.    

 

H-1B Cap for FY 2009 reached (posted 4/8/08)

           Today USCIS announced that it has received enough number of H1B petitions towards the fiscal year 2009.  The cap is also reached for the 20,000 masters exemption.   Read my blog...

About 163,000 H-1B petitions were received until April 7, 2008 inclusive of 31,200 master's cap petition.  Most likely the random lottery would be performed next week. 

 

Cap gap relief: OPT period extended

           Foreign students would get 29 months of Optional Practical Training instead of the current 12 months.  The interim final rule released on 4/4/08 enables U.S. employers to attract and retain highly skilled foreign national employees. 

           The Rule is designed to give employers a competitive edge in the international economic growth and recognizes the employers' need for such workers.

           The long awaited rule fills up the gap in the immigration status of the foreign students transitioning from F-1 to H-1B visa whose OPT period expires before the H-1B employment start date popularly known as "cap gap."  The cap-gap relief would also allow those foreign students to continue in their present jobs, who are working for U.S. employers under OPT but may not make the H-1B visa lottery and would have to wait another year due to the shortage of the H-1B visa this year.

 

H-1B Cap for FY 2009 reached: (posted 4/8/08)

           Today USCIS announced that it has received enough number of H1B petitions towards the fiscal year 2009.  The cap is also reached for the 20,000 masters exemption. 

           Although it is not decided when the random lottery selection would be undertaken, the applications not so selected would be returned along with the fee except for the duplicate applications which would be denied and the fee retained as per the earlier modified rule. 

           First, the advanced degree exemption petitions would be selected through lottery.  The petitions not so selected would be subjected to the lottery selection process again towards the 65,000 numerical limit.

 

Children adopted from Guatemala: (posted 4/5/08)

           Beginning April 1, 2008, adopted children from Guatemala, would not be eligible to be classified as immediate relative.  As the Hague Convention on intercountry adoption goes into effect in U.S. from April 1, 2008, adoptions between U.S. and another Convention country must follow Convention standards. 

           According to the Department of State, Guatemala adopted the Hague Adoption Convention as early as in 2003 but has not laid the infrastructure or the regulations following the Hague Convention.  The department cautions parents, that it would not be able to issue the required documents needed for the issue of immigrant visa.   

 

Federal Pre-Emption (posted 4/1/08)

           In an advisory opinion, the Nevada Attorney General, states that the State Law imposing civil or criminal sanctions or administrative fines on empployers for hiring unauthorized workers, is pre-empted by the Federal immigration legislation (IRCA).  

           Under the "Supremacy clause" the federal government retains the right to legislate on immigration matters.  The Immigration and Nationality Act expressly precludes States from imposing civil and criminal sanctions except by way of licensing or similar laws.

 

The H-1B Interim Rule (posted 3/26/08)

           The Rule is published in the Federal Register on 3/24/08 effective immediately and  public comment period lasts until 5/22/08.  

           The Rule precludes duplicate and multiple filing by an employer for the same foreign national.  Related employers i.e. parent, subsidiary and affiliated companies are exempt from this preclusion.  Each such related employer can file one petition for an employee if there is legitimate business need.

           Also, petitions claiming exemptions erroneously would be penalized by denial of the petition and fee will be retained.

           In addition to the cap subject positions under the annual numerical limit of 65,000, the 20,000 positions for masters cap exemption are also subject to random selection process i.e. there would be two lotteries.  The masters degree cap exempt applications would be picked through the lottery selection process (assuming sufficient masters cap petitions would be received to exhaust the available visa numbers) and those not so selected would then again be pooled for the lottery selection process for the cap subject positions.

 

Visa service at Belarus suspended (posted 3/25/08)

           The state department isued a statement that the visa procesing service at the U.S. embassy at Minsk, Belarus, has been temporarily suspended and the number of American staff has been reduced to almost half.  The American citizenship services will however continue to be provided.  The statement indicates that the reduction in staff was due to U.S. displeasure over Belarus government's lack of comitment to respect for human right and fundamental freedom.  Learn more about the embassy at Minsk, Belarus, here.

 

The No-Match Rule:  (posted 3/24/08)

           Supplemental Proposed Rule with Employer Guidance on No-Match Letters is on its way to publication in the Federal Register.  The proposed rule is issued by the Department of Homeland Security. 

           Earlier a no-match rule issued by the department on August 15, 2007 as an enforcement tool to crack down on the illegal hiring practices.  The U.S. District Court for Northern California enjoined the Rule and the issue is under appeal in the Ninth Circuit.

 

Naturalization Interviews (posted 3/ 24/08)

           Natz interviews are being scheduled during the after hours and on weekends as USCIS expands its work hours and staff to cope up with the increased number of Naturalization applications filed during 2007.  

 

Indiana on Immigration (posted 3/3/08)

           The immigration Bill in Indiana died as there was no agreement on the compromised version of the Bill.  Earlier, the Senate and the House passed different versions of the Bill with clear margin.  However no conference committee meeting was scheduled to discuss and iron out the differences between the two versions.  (posted 3/17/08).

           Under the Bill, the employers were expected to face a three tier sanction for knowingly hiring unauthorized foreign nationals.    Read more...

 

Civil penalties on employer sanctions to increase

          The Civil penalties on employers for knowingly hiring unauthorized aliens, are being revised.  The raise in the penalty would include the inflation adjustment and is intended to act as sufficient deterrant on the employers.  Also, the figures are being rounded off to multiples of hundred, thousand and ten thousand.  Penalties greater than $200,000 would be rounded to multiples of $25,000.  The amount of penalty is to be set by the Administrative Law Judge after a hearing and adjudication.  Under the Regulations both DHS and EOIR can impose penalties for employer sanctions and document fraud.  The rule revising the penalties would be effective March 27, 2008. 

 

H-1B News on Multiple Filing:

           USCIS announced yesterday that an employer can not file multiple H-1B petitions for the same employee. 

The policy decision is based on affording all the h-1b employers an equal ooportunity to hire.  The USCIS will continue to receive the H-1b petitions for the first five days of April 2008.  Only 65,000 of these will be accepted for processing.  The applications are to be randomly selected by a computer generated lottery system. 

           Last year the total number of applications received was nearly three times the above mentioned numerical cap and the annual quota of available h-1bs was exhausted by the number of applications received in the first two days.  The USCIS anticipates the same trend would repeat this year too.

 

Song on Travel Document requirement is relayed near the Borders

          Customs and Border Protection (CBP) through its public affairs section is creating awareness that the travel documents are need to enter U.S.  The CBP website claims that its officers wrote the jingle and the lyrics, sung by the Canadian country music artist, Shirley Myers.  And that the song is being distributed to radio stations on the Canadian as well as the Mexican side of the U.S. borders to bring home the message that the new rules require travellers to produce documents to enter United States.

 

Changes in the H-2A worker program proposed (posted 2/13/08):

          Proposed changes to the H-2A (temporary or seasonal agricultural worker) program are published in the Federal Register.  Salient features of the proposal include lesser wait outside U.S. to re obtain a new H-2A visa, longer grace period to remain in U.S. after expiration, new employer participation in E-Verify if the worker seeks a change of employer, rules relating to which exit ports may be used by the foreign national etc.  So far there is no numerical limitation for this type of visa. 

 

Indiana considers Immigration Bill (posted 2/13/08)

          Senate Bill 335 is being discussed in the State Legislature.  Among the prominent provisions are a three tier employer sanctions:first, warning then suspension oof license and next revocation of business license.  The state law enforcement is to enforce immigration laws.  The Bill is being heard today in the Statehouse at 9 a.m. and hearing is open to public.

 

Eligibility to Certificate of Citizenship: (posted 2/28/08)

            A child born and residing outside U.S. is eligible to receive certificate of citizenship if the child is lawfully present in U.S. and subscribes to the Oath of allegiance, an Administrative Appeals Office holds. 

 

State Immigration Law: (posted 2/11/08)

          The Arizona Federal District Court in its decision dated 2/7/08 dismissed a facial challenge to the validity of the "Legal Arizona Workers Act" providing the Superior Court the authority to suspend or revoke business license of the employers who intentionally or knowingly hire the unauthorized aliens.  Motion to grant injunction pending appeal against the dismissed action was also denied.

 

Receipting Delay (repost 2/12/2008) : 

         USCIS is running behind in issuing filing receipts (form I-797) that are used as evidence of filing of cases with it.  The estimated delay in Adjustment of Status cases appears to be 12 weeks while the Naturalization and other cases may take about 15 weeks before USCIS may issue receipts.  It is claimed that the backlogs would not influence the original date of receipt of filing cases and the receipts when issued would bear the date on which the case was originally received by USCIS.

 

Cap Exempt H-1Bs to go to a Separate New Unit (posted 2/1/08):

          USCIS announces that a new unit would be created to receive the cap exempt H-1Bs in order to streamline their processing.  The cap exempt H-1Bs here, include those petitions where the foreign national is sought to be employed by certain educational institutions e.g. universities, nonprofit organizations, related or affiliated to certain educational institutions, nonprofit research organizations and governmental research organizations.  There is no change regarding other cap exempt petitions e.g. extension of stay or change of employer or amendment, these petitions should be filed as before.

 

 New Travel Document Requirements for Citizens of U.S. and Canada effective (posted 1/31/08):

           Effective today the new requirements relating to travel documents provided by U.S. an Canadian citizens seeking to enter U.S. apply.  This change does not affect the nationals of other countries i.e. Mexican nationals can continue to enter U.S. with a passport and B1 or B2 nonimmigrant visa or a border crossing card and foreign nationals of other countries would be required to provide the visa and passport just as before.  Birth certificate issued by federal, state, provincial or municipal authority is required for children 18 and under.

          One of the following documents should be provided:

          U.S. or Canadian passport, passport card (this document would be available from spring '08)*, trusted traveller card (Nexus, Sentri, or Fast)*, Enhanced driver's license issued by the State or province*, Enhanced tribal card (not available yet)*, U.S. military identification with military travel orders etc.  To view the full list click here.  (Documents marked with * would facilitate expedited processing.)

          Travelers who do not have any of the above mentioned documents must provide both an identity document and  a citizenship document from the following list of documents:

           Identification documents: (must have photo, name and date of birth) Driver's license or Identification card issued by a federal, state, provincial, county, territory or municipal authority, U.S. or Canadian military identification card.

          Citizenship document: Birth certificate issued by U.S. or Canadian federal, state, provincial, county, territory or municipal authority, U.S. consular report of birth abroad, certificate of naturalization, certificate of citizenship, U.S. Citizen identification card, Canadian citizenship card, Canadian certificate of citizenship without photo.

 

The U.S. Government imp[ements Cuban Family Reunification Plan Program (CFRP) (posted 1/30/08)

          Over 12,000 letters would be sent to those who had filed I-130 petitions for their family relatives residing in Cuba informing them of the implementation of the program.  The beneficiaries under the I-130 petitions (the family relatives) would be eligible for parole into the U.S.  The letter would direct what procedure to follow and that the petitioner is to contact the National Visa Center with the required documents so as to arrange beneficiary's interview at the U.S. Interest Sect.  Contact NVC at tel: (603) 334-0700 or email: hereThe interview process is scheduled to begin March 3, 2008. 

 

All travelers entering U.S. should provide documents of identification (posted 1/18/08):  

          Starting 1/31/08 all border crossers through land or sea port are to produce documents of citizenship and identity.  The system primarily affects the Canadians and U.S. citizens as oral declaration of citizenship would no longer be accepted.  Failure to provide the required documents may cause delay until the identity and the citizenship of the person crossing the border may be verified. 

          In a statement issued today the Department of Homeland Security states that children 18 yrs, and younger should produce birth certificates while U.S. and Canadian Citizens 19 and older should present documentation of identity and citizenship from the specific list of acceptable documents, which may be checked here

 

 

 TPS reregistration period extended for Honduras and Nicaragua: (posted 11/23/2008)

         Nationals of the two countries, who have been previously granted temporary protected status, could now re-register and maintain their status for an additional period of 18 months. 

          The re-registration period is now extended through 30 December, 2008.  Also, validity of the employment authorization document of the eligible TPS beneficiaries from the two countries has been extended through July 5, 2009. 

 

Labor Certification Expires 1/12/08 ( posted 01/03/08):

         As per the Department of Labor rules all labor certifications approved before July 16, 2007 expire on January 12th, 2008.  An immigrant visa petition ought to be filed before the expiration date in order to make use of those labor

certifications.   

H-2B cap reached for the second half of 2008( posted1/3/08):

          USCIS just announced that by January 2nd, 2008, it had received enough number of applications covering the congressionally mandated quota for the second half of the fiscal year 2008 i.e. 33,000.  With 01/02/08 being the 'final receipt date' applications received after the date will be reject H-2B applications seeking new employment starting 10/01/08.  Applications received till the final receipt date would pass through a computer generated random selection process to fill the cap.  The applications not so selected although received by January 2, 2008, would be rejected and the fee returned.  American Immigration Lawyers' Association has issued a statement that the cap reached at such an early stage shows the inability of the immigration laws to meet the growing needs of the U.S. economy.

 

Identification Document Necessary for Entry into U.S. (posted 01/03/08):  

          Under the current procedure certain citizens of U.S., Canada and Bermuda may seek entry into U.S. based on an oral declaration of citizenship.  According to U.S. Customs and Border Protection (CBP) with the change in policy such declaration would no longer be accepted.  Effective 01/31/08 all travelers entering U.S through land or sea would need to show proof of citizenship or identity e.g. birth certificate or other government issued documents e.g. driver's license.  CBP retains the discretion to ask for more documents or create individual exceptions.

 

Consular Processing Fee Raise (posted 12/20/07):

           In a public notice issued dated December 19, 2007, the Department of State issued an interim final rule raising the fee for non-immigrant visa and the Border Crossing Card (BCC) from the current $100 to $131 and the immigrant visa fee to $355.00.  The fee increase is to provide funds to meet the rising processing cost of the visas because of the hightened security measures.  The Department seeks public comment upto 2/29/08, and the rules become effective on 1/1/08.  To view the public notice and post your comments click here.

 

Older green cards with no expiration date still valid (reposted 12/14/07):

          On 12/13/07 USCIS released a statement that it is currently reviewing the 298 public comments about the proposed regulation requiring lawful permanent residents to replace their permanent resident cards bearing no expiration dates with a new card.  After reviewing and considering the public comments the final rules would be published in the Federal Register.  

         Until publication of the final rules the older permanent resident cards with no expiration dates hold valid.  The statement notifies that the lawful permanent residents may choose to replace the cards now if desired; however, the rules do not require them to do so at this time.  The rules when published would describe the application process and the time during which such applications would be accepted.

         Earlier, USCIS clarified by its statement dt. 12/11/07 that permanent resident cards (I-551) with no expiration dates are still valid and lawful permanent residents carrying these cards would continue to receive the benefits.  The status quo is maintained until a final rule on the topic is implemented.

 

Overly restrictive Immimgration laws hurt U.S. economy and businesses (posted 12/12/07):

        Microsoft decides to open an office in Vancouver, Canada.  In a study conducted by the National Foundation for American Policy, an organization of National acclaim devoted to Immigration, trade and similar issues it is suggested that overly restrictive immigration laws and the arbitrary limits it imposes on the number of foreign workers permitted to enter U.S. work force every year is adversely affecting the U.S. economy and businesses of all sizes.  Contributory factors may be lack of qualified U.S. workers, inability to bring in sufficient foreign skilled workers under the present immigration laws as opposed to Canadian laws that are friendly towards businesses. 

        The study links Microsoft's decision to establish an office outside U.S. as a probable outcome of the restrictive Immigration laws and suggests that other businesses may follow suit.

 

No-Match Rule: USCIS appeals the order against (posted on 12/8/07) :

       In a statement released on 12/5/07, the Department of Homeland Security, announced that the U.S. Govt appealed the decision injuncting implementation of the 'No-Match Rule'.  Earlier, the Immigration and Customs Enforcement Department had announced a rule proposing that the employers follow a specific procedure in the event they receive a "No-Match letter" from the Social Security Administration (SSA).  A No-Match letter basically notifies the employer that his employee's name and social security number are not in conformity with SSA's records.  

          A law suit was filed, in August 2007, in the Federal District Court in San Fransisco against the enforcement of the "No-Match Rule" alleging that the Rule imposes burdensome obligations on employers; that the SSA records are flawed because of which the rule would cause U.S citizens and other authorized workers to lose their jobs and would subject the employees with foreign origin to discrimination .  It is alleged that the discrepancies between the employees' Social security numbers and SSA records could be due to several innocent reasons e.g. clerical mistakes, change of names due to marriage or divorce or use of multiple surnames.  The Court had granted injunction against enforcement of the Rule and stopped the Government from mailing the letters to the employers. 

         The DHS later abandoned enforcement of the Rule planning to revise it.  However, on December 5, 2007, DHS announced its decision to appeal the San Francisco district court's ruling to the 9th Circuit. 

 

Interim Rules on Intercountry Adoption (posted on 12/3/2007) :

        In furtherance of implementation of the U.S. ratification of the Hague Convention on "Protection of Children and Cooperation in Respect of Inter Country Adoption" the USCIS proposes to amend the immigration procedure relating to adoption of children habitually residing in the Convention countries and makes other amendments necessary to adopt the Convention.  72 Fed.Reg.56831(2007).  The interim rules went in to force November 5, 2007 and public comments are sought through December 3, 2007.  The text of the Convention and the list of countries that are part of the Convention may be found at http://www.hcch.net.

        Among other things the amendment requires new forms (I-800A: application for determination of suitability as adoptive parent and I-800: petition to classify Convention adoptee as immediate relative) to be filed. 

        The proposed amendment seeks to change the procedure in case of only those adoptions where the adoptive child habitually resides in a Convention country and has immigrated or would immigrate to U.S. as a result of being adopted by a United States Citizen parent.  Cases where the child's immigration is not the immediate consequence of adoption remain unaffected by the amendment.  E.g. where a United States Citizen parent adopts a child from a Convention country while habitually residing in that country with no present intent to bring the child to U.S.  It remains to be seen whether the same procedure would be followed if the citizen parent brings the child to U.S. at a subsequent date.

 

 

Disclaimer: The information contained herein is for general purpose only and not a legal advice.  The contents posted herein may not be updated and carry no assurance of accuracy. 

Your immigration interest is my commitment.

 

Disclaimer: The information contained herein is of general interest only and is not a legal advice from me to you.  The reader is advised to seek an independent legal advice on relevant matters of interest.  Unless you have a written agreement with me for a fee you do not have a contractual relationship with me.  The content posted herein may not be updated timely and carries no assurance of accuracy.

 

 

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