popup

Current Articles | Categories | Search

News Articles

Wednesday, January 02, 2008
News Bits and Upcoming Events in 2008
By admin @ 7:59 AM :: 142 Views :: 0 Comments :: News, Other
To read the USCIS application and receipting update as of December 14, 2007, please go to THIS LINK.

On January 1, 2008, the fee to apply for any non-immigrant visa to enter the United States, including tourist, business, student and other visas, will increase to $131 world-wide.  This increase will also apply to Border Crossing Cards.  To read more, please go to THIS LINK.

The Department of Labor Backlog Elimination Center issued Round 8 of its Frequently Asked Questions (FAQ). To read the entire FAQ, please go to THIS LINK.

Speaking of labor certifications, the PERM system started relatively smoothly but it looks like the Department of Labor is starting to change the rules in the middle of the game. As a result, it is important that law firms and employers adapt accordingly, and that expectations are realistic given this ever-evolving process.
 
Our firm will be holding a series of seminars in early 2008 that will address various PERM-related issues. The first seminar will be on the PERM recruitment process - what do employers have to do, who has to be interviewed, and what needs to be documented. We will most likely have video-conferencing capability for our clients and readers in other parts of the United States. We will provide more detailed information on this seminar in January, but if this sounds interesting to you let us know by sending us an email to info@bashyamspiro.com. We would love to hear if you have any suggestions for future topics as well.
Tuesday, January 01, 2008
Travelers Reminded of New Document Requirements Beginning January 31, 2008
By admin @ 7:35 AM :: 168 Views :: 0 Comments :: News, Other
As of Jan. 31, 2008, all adult travelers will be required to present proof of citizenship, such as a birth certificate, and proof of identity, such as a driver’s license, when entering the United States through land and sea ports of entry.  
Currently, U.S. Customs and Border Protection (CBP) officers may accept oral declarations of citizenship from U.S. and Canadian citizens seeking entry into the United States through a land or sea border. However, as of January 31, 2008:
  • Oral declarations of citizenship alone will no longer be accepted
  • U.S. and Canadian citizens ages 19 and older will need to present a government-issued photo ID, such as a driver’s license, along with proof of citizenship, such as a birth certificate or naturalization certificate
  • Children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate
  • Passports and trusted traveler program cards - NEXUS, SENTRI and FAST - will continue to be accepted for cross-border travel
All existing nonimmigrant visa and passport requirements will remain in effect and will not be altered by this change.

DOS reminds the public that the current turnaround time for a passport is four to six weeks, so Americans planning international travel may wish to apply now. For information on obtaining a U.S. Passport visit THIS LINK or call 1-877-487-2778.  
Monday, December 31, 2007
Immigration in 2007 - Gas Prices Went Up, Priority Dates Went Down
By admin @ 7:55 AM :: 187 Views :: 0 Comments :: News, Other
It was an interesting year in the world of immigration. In April, we had over 130,000 H1B applications filed for less than 65,000 H1B cap numbers. That showed how much our economy depended on and needed professional workers from overseas. Then the Department of Labor issued a Visa Bulletin that showed the first three employment-based categories as being current, only to revoke it a short time later. Of course, they then reinstated that Visa Bulletin and hundreds of thousands of immigrants were finally able to file their adjustment of status applications and obtain Employment Authorization Documents. And finally, after months and months of debate on illegal immigration and employer sanctions for hiring illegal workers, our government failed to pass a bill on comprehensive immigration reform. This shattered the hopes of millions of immigrants who hoped to legalize their status, as well as the hopes of employers who wanted more H1B numbers and immigrants who wished for reform in our outdated and ineffective immigrant visa number system. That was 2007 - a tough year for immigration but one that had some bright spots as well.
 
As we move forward into 2008, we need to continue to press our government to change the things that caused problems in the past. We need more H1B and immigrant visa numbers. We linked to the January 2008 Visa Bulletin in our last newsletter, which showed that employment-based category two (EB-2, which applies to advanced degree professionals and aliens of exceptional ability) for Indian Nationals had retrogressed to 2000, even further back than employment-based category three (EB-3, which applies to other professionals and skilled workers)! The EB-2 category is even expected to become ‘unavailable’ in the coming months. This would delay decisions on adjustment of status applications indefinitely. Our country cannot continue to keep our companies at a competitive disadvantage with their counterparts in other parts of the world, nor should it tolerate a system where a hard-working immigrant who ‘plays by the rules’ is kept in limbo for many, many years. With all of our advances in science and technology, the United States ought to have a system where immigration applications are processed quickly and efficiently. This will be the challenge in 2008 - to persuade your U.S. Representatives and Senators that the immigration system needs to change. Without your voice being heard, changes that help businesses and foreign workers are unlikely to happen. We here at BSE Immigration Law Group will continue to keep you updated on legislative news in 2008, as well as work tirelessly to help make change happen.
Monday, December 17, 2007
USCIS Revises Filing Instructions for Form I-130 (Immigrant Petition for Alien Relative)
By admin @ 7:45 AM :: 162 Views :: 0 Comments :: News, Family Immigration
U.S. Citizenship and Immigration Services (USCIS) revised the filing instructions for the Petition for Alien Relative (Form I-130). Effective December 3, 2007, all applicants filing stand-alone Form I-130s are encouraged to file their petitions with the Chicago Lockbox instead of a USCIS Service Center.
 
Petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence in the United States.
 
Two separate post office box addresses (see below) have been established that correspond to the appropriate USCIS Service Center (either Vermont or California) that will process and adjudicate the petition. Although Form I-130 will be filed with the Chicago Lockbox, petitioners will receive receipt notices from either the Vermont or California Service Center.
 
Applicants 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 are encouraged to file their stand-alone Form I-130s with the Lockbox using the following address:
 
                                                            USCIS
                                                     P.O. Box 804625
                                                 Chicago, IL 60680-1029
 
Applicants 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 are encouraged to file their stand-alone Form I-130 with the Lockbox using the following address:
 
                                                             USCIS
                                                     P.O. Box 804616
                                                Chicago, IL 60680-1029
 
While the changes are effective December 3, any Form I-130 filed with the Service Center will not be rejected; it will be forwarded to the designated Chicago Lockbox. Applicants are encouraged, however, to begin using the designated Lockbox filing on the effective date in order to avoid processing delays.
 
The revised form and filing instructions will be available through USCIS’ Website at www.uscis.gov as soon as they are available.
Sunday, December 16, 2007
USCIS Revises I-9 Employment Eligibility Form
By admin @ 7:41 AM :: 129 Views :: 0 Comments :: News, Other
U.S. Citizenship and Immigration Services (USCIS) announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. All employers are required to complete a Form I-9 for each employee hired in the United States.
 
The revision seeks to achieve full compliance with the document reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which reduced the number of documents employers may accept from a newly hired employee during the employment eligibility verification process.  
 
Key to the revision is the removal of five documents for proof of both identity and employment eligibility. They include: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); Alien Registration Receipt Card (Form I-151); the unexpired Reentry Permit (Form I-327); and the unexpired Refugee Travel Document (Form I-571). The forms were removed because they lack sufficient features to help deter counterfeiting, tampering, and fraud.
 
Additionally, the most recent version of the Employment Authorization Document (Form I-766) was added to List A of the List of Acceptable Documents on the revised form. The revised list now includes: a U.S. passport (unexpired or expired); a Permanent Resident Card (Form I-551); an unexpired foreign passport with a temporary I-551 stamp; an unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, or I-688B); and an unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for nonimmigrant aliens authorized to work for a specific employer.
 
U.S. Citizenship and Immigration Services (USCIS) said that employers must transition to the revised Employment Eligibility Verification Form (I-9) no later than December 26, 2007. All employers are required to complete a Form I-9 for each employee hired in the United States.  The new form should be used for new hires after December 26th or for employees where an I-9 reverification  will take place after that date.
 
On November 7, USCIS announced the availability of the revised version of Form I-9 (includes the revision date – (Rev. 06/05/07)N printed on the lower right corner of the form) which is now the only version valid for use. In that November 7 announcement,USCISexplained that employers would have 30 days, beginning on the date the Federal Register notice is published, to transition to the revised form. Accordingly, effective December 26, 2007, employers who fail to use the revised form will be subject to applicable penalties. 
 
Both the revised form and the “Handbook for Employers, Instructions for Completing the Form I-9" are available online at THIS LINK.  
Friday, December 14, 2007
DOS Releases January Visa Bulletin
By admin @ 12:30 AM :: 122 Views :: 0 Comments :: News, Visa Bulletin
The Department of State (DOS) released its January 2008 Visa Bulletin. Of particular interest is the heavy retrogression taking place for Indian nationals in the Employment-Based Two (EB2) category. In January, EB2 will retrogress even further than Employment-Based Three (EB3) for Indians.  That is the first time we have ever seen that happen! The DOS also states the following in the Visa Bulletin:
 
INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY - It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008."
 
If the EB2 category becomes ‘unavailable’ for most of 2008, it would cause quite a bit of hardship for Indian national. Hopefully our government will take action next year and fix this broken system of issuing immigrant visa numbers. To view the entire Visa Bulletin, please go to THIS LINK.
Thursday, December 13, 2007
USCIS Clarifies Validity of Permanent Resident Cards Without Expiration Dates
By admin @ 7:39 AM :: 135 Views :: 0 Comments :: News, Family Immigration, Other
On August 22, 2007, USCIS published a proposed regulation that, when implemented, would require lawful permanent residents to replace permanent resident cards (Form I-551) with no expiration date. This proposed rule in no way affects the current validity of these permanent resident cards. Permanent residents who possess these cards may continue to use them as proof of permanent residency when traveling, when seeking employment, and at any time such proof is required. 

The final rule, once published, will explain the process to replace these ‘green cards’. Persons who hold these permanent resident cards with no expiration date may replace their cards now, but there is currently no requirement to do so. 

We will provide an update when the final rule is published by USCIS.
Thursday, November 01, 2007
DHS Removes I-485 Receipt Notice from H/L Travel Requirements
By admin @ 7:50 AM :: 191 Views :: 0 Comments :: News, I-485 Adjustment of Status, Other

On October 31, 2007, the Department of Homeland Security (DHS) issued a final rule that removed the requirement that a person who has an I-485 adjustment of status application pending and travels using H or L status have an I-797 receipt notice for the I-485 adjustment application before leaving the United States.  Under the old rule, the person must have an I-797 receipt notice for the adjustment application before travel to avoid having such application deemed abandoned.  This new rule is a result of excessive delays by the Immigration Service in issuing I-485 receipt notices.  The final rule is effective November 1, 2007.  For more information on this final rule, please do not hesitate to contact our office.
Tuesday, July 24, 2007
USCIS Issues FAQ on 140/485 Filings Pursuant To July Visa Bulletin No. 107
By admin @ 12:30 PM :: 1521 Views :: 0 Comments :: News, Visa Bulletin, I-140 Petitions, I-485 Adjustment of Status

The United States Citizenship and Immigration Service issued a Frequently Asked Questions (FAQ) memo yesterday that addressed a number of questions people have regarding filing I-140 and I-485 applications pursuant to the July Visa Bulletin No. 107.  Since the FAQ is helpful and informative, we have listed each question and answer below.

Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification? 

A1: USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
 
Q2: Will USCIS reject an application for missing or incorrect filing fees?
 
A2: Yes, in accordance with standard procedure and applicable regulations, USCIS will reject any filings submitted with incorrect filing fees.
 
Q3: Will USCIS reject an application for a missing signature?
 
A3: Yes, in accordance with standard procedure and applicable regulations, USCIS will reject any filings that do not contain required signatures.
 
Q4: Will a concurrently filed I-140/I-485 be rejected if filed with an incorrect I-140 or I-485 fee?
 
A4: USCIS will reject any filings submitted with the incorrect filing fees.
 
Q5: Where should employment-based adjustment applications be filed?
 
A5: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007.
 
Q6: What happens if an application is filed at the wrong Service Center?
 
A6: Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
 
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
 
A7: The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 - August 17, 2007.
 
Q8: What is the correct fee for concurrently filed I-140s filed between July 30 and August 17?
 
A8: The new fee applies to Forms I-140, whether or not concurrently filed with an employment-based adjustment application, that are filed on or after July 30, 2007. That fee is $475.
 
Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filing fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
 
A9: No, customers will not have the option of paying the new filing fees for adjustment applications. USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July.
 
Q10: Will USCIS accept employment-based adjustment of status applications under July Visa Bulletin No. 107 if the priority date is August 1, 2007 or later?
 
A10: No.
 
Q11: Will USCIS accept adjustment applications under July Visa Bulletin No. 107 if the priority date is before July 31, 2007, but the certification is granted after August 1, 2007?
 
A11: Yes, USCIS will accept such cases provided they are submitted by August 17, 2007.
 
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
 
A12: USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
 
Q13: Can applications be filed without a required medical examination report?
 
A13: Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.
 
Q14: The July 17, 2007 USCIS press release stated that USCIS would accept applications filed not later than August 17, 2007. Does this mean applications delivered on August 17, 2007 will be accepted but those arriving August 18, 2007 will be rejected?
 
A14: Yes
 
Q15: How long will aliens have to wait for their employment-based applications to be adjudicated?
 
A15: Applicants should monitor the State Department’s visa bulletin to determine whether a visa number is available based upon their individual priority dates. There are annual statutory limitations, thus some aliens may have to wait a significant period of time, perhaps years, before visa numbers become available.
 
Applications for interim benefits (employment authorization and advance parole) will be processed prior to final adjudication of the adjustment application and in accordance with USCIS standard procedures.
 
Q16: When will premium processing of Forms I-140 be reinstated?
 
A16: Premium processing of Forms I-140 has been suspended until further notice. USCIS will publish any updates on the availability of premium processing for Forms I-140 on its website.
 
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
 
A17: USCIS interprets AC21 §104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 §104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
 
Q18: Will there be any delays in processing applications received as a result of the July 17 notice reopening the filing period for employment-based adjustment applications under the July Visa Bulletin?
 
A18: Depending on the volume of applications received, there may be some delay in the issuance of receipt notices. Processing times will be update don the USCIS web site.
 
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
 
A19: Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information:
 
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition (type e.g., I-140) was delivered to (Service Center) on (provide date of filing and tracking number): Petitioner’s name; Beneficiary’s name; Beneficiary’s date of birth; Beneficiary’s country of birth.
Our firm will continue to provide updates as they become available.
Wednesday, July 18, 2007
USCIS Announces Revised Processing Procedures for I-485 Applications
By admin @ 5:19 AM :: 482 Views :: 0 Comments :: News, Visa Bulletin, I-485 Adjustment of Status
U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
 
This is a fantastic victory for those who campaigned against the Department of State’s (DOS) revised July Visa Bulletin (No. 108) dated July 2, 2007. This Visa Bulletin has been withdrawn by the DOS and the original July Visa Bulletin that shows all employment-based categories (except Other Workers) as ‘current’ should be relied upon as the correct July Visa Bulletin.
 
USCIS’s announcement allows anyone who was eligible to apply under the original July Visa Bulletin a full month’s time to do so. Applications that are already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under the original July Visa Bulletin (No. 107) through August 17, 2007. The new fee schedule that becomes effective on July 30, 2007 will apply to all other applications filed on or after July 30, 2007.
 
Stay tuned to www.bashyamspiro.com for updates.
Paging - Page: 4 of 6
Previous Page | Next Page