• Facebook
  • Twitter
  • LinkedIn
ABIL
  • Home
  • About
  • ABIL Lawyers
    • North America
      • Canada
      • Mexico
      • United States
    • South America
      • Colombia
      • Peru
    • Europe
      • Austria
      • Belgium
      • France
      • Germany
      • Italy
      • Netherlands
      • Poland
      • Spain
      • Switzerland
      • Turkey
      • United Kingdom
    • Asia Pacific & Africa
      • Australia
      • Hong Kong
  • Global Immigration
    • North America
      • Canada
      • Mexico
      • United States
    • South America
      • Brazil
      • Colombia
      • Peru
    • Europe
      • Austria
      • Belgium
      • France
      • Germany
      • Italy
      • Netherlands
      • Spain
      • Switzerland
      • Turkey
      • United Kingdom
    • Asia Pacific & Africa
      • Australia
      • China
      • Hong Kong
      • India
      • Japan
      • South Africa
  • Services
    • Corporate Services
    • Compliance Services
    • Global Immigration Services
    • Government Policy
    • Complex Cases
    • Investment Services
    • Litigation Services
    • Pro Bono Services
  • Industries
  • Resources
    • Blogs
    • News
    • Newsletters
    • Videos & Recordings
    • Articles
  • Contact
  • Search
  • Menu Menu

News from the Alliance of Business Immigration Lawyers Vol. 5, No. 6B • June 15, 2009

June 15, 2009/in Immigration Insider /by ABIL

Headlines:

1. Outlook Grim for India, China Employment-Based Visa Categories – The July cut-off date for the India and China EB-2 categories is January 1, 2000; both could become unavailable in August or September and remain unavailable indefinitely.

2. E-Verify Federal Contractor Rule Delayed Until September 8, 2009 – The effective date to require federal contractors to use the E-Verify system to confirm the work authorization of new hires has been delayed again.

3. DHS Proposes To Expand E-Verify Monitoring and Compliance Efforts – USCIS’s Verification Division has created a Monitoring and Compliance (M&C) Branch.

4. SEVP Posts New Information on Upcoming SEVIS II – With the full deployment of SEVIS II, ICE will retire the original SEVIS system.

5. DOS Proposes Electronic Submission of SEVIS Annual Reports – Annual reports from designated program sponsors assist DOS in oversight and administration of the J-1 visa program.

6. USCIS Ombudsman Reports on Denials of Adjustment of Status Applications Following a Change of Employment – The USCIS Ombudsman has received inquiries stating that the agency is not issuing Notices of Intent to Deny following a change of jobs, as required.

7. Court Orders USCIS To Accept Concurrently Filed Religious Worker, Adjustment Applications – The court ordered USCIS to begin accepting concurrently filed special immigrant religious worker petitions and adjustment of status applications, along with related employment authorization applications.

8. DHS Begins Exit Pilot Test of Fingerprint Collections at Two Airports – DHS has begun collecting digital fingerprints from non-U.S. citizens leaving the U.S. from Hartsfield-Jackson Atlanta International Airport and Detroit Metropolitan Wayne County Airport.

9. DHS Establishes Interim Relief for Widows of U.S. Citizens – DHS has granted deferred action for two years to widow(er)s of U.S. citizens, and their unmarried children under 21 years old, who reside in the U.S. and were married for less than two years before their spouse’s death.

10. ABIL Global: EU Adopts Blue Card for Highly Skilled Foreign Workers – The Council of the European Union has created a fast-track procedure for third-country citizens in highly qualified employment.

11. Recent News from ABIL Members – Recent News from ABIL Members

12. Government Agency Links – Government Agency Links


Details:

1. Outlook Grim for India, China Employment-Based Visa Categories

The July cut-off date for the India and China EB-2 categories is January 1, 2000. The Department of State reports that these categories could become unavailable in August or September and remain unavailable indefinitely. The Department said there is a backlog of at least 25,000 India EB-2 cases awaiting visa numbers. Charles Oppenheim of the Department of State’s Visa Office reportedly stated that without legislative relief, the waiting time for Indian EB-2 applicants may be measured in years, even decades.

Meanwhile, the EB-1 category for India and China is not likely to stay current, although the EB-1 category worldwide is expected to remain current. EB-3 visa numbers worldwide and for India, China, and Mexico are expected to remain unavailable for the remainder of this fiscal year at least. The EB-3 category for India could remain unavailable indefinitely.

The third preference and “other workers” employment categories are unavailable in July.

The Visa Bulletin for July 2009 is available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4512.html.

Back to Top


2. E-Verify Federal Contractor Rule Delayed Until September 8, 2009

The effective date to require federal contractors to use the E-Verify system to confirm the work authorization of new hires has been delayed again, to September 8, 2009. There is strong bipartisan support for electronic verification of new hires using federal systems, so the Alliance of Business Immigration Lawyers (ABIL) cautions all employers not already using E-Verify to be prepared for it in 2010.

Contact your ABIL attorney for guidance on I-9 audits, transitioning from paper to electronic I-9s, E-Verify training and policies, and related matters. We have many tools and resources available for employers to use in navigating through the new era in employment verification.

For more on this topic, see U.S. Citizenship and Immigration Services’ (USCIS) response to the USCIS Ombudsman on E-Verify: http://www.dhs.gov/xlibrary/assets/uscis_response_cis_ombudsman_recommendation_38.pdf.

Back to Top


3. DHS Proposes To Expand E-Verify Monitoring and Compliance Efforts

U.S. Citizenship and Immigration Services’ Verification Division has created a Monitoring and Compliance (M&C) Branch, which will seek to “identify potential cases of misuse, abuse, discrimination, breach of privacy, or fraudulent use of SAVE [Systematic Alien Verification for Entitlements] and E-Verify.”

The M&C Branch is developing detailed procedures for both monitoring verification transactions and performing compliance activities on defined non-compliant behaviors. For example, DHS notes, with respect to the misuse of Social Security numbers, M&C will identify when a single social security number is used multiple times for employment authorization verifications through E-Verify. DHS acknowledges that it would not be uncommon for a single individual to be verified several times through E-Verify because one person may hold multiple jobs or change jobs frequently, but it would be unusual for a single individual to hold 30 or 40 jobs simultaneously. M&C has developed procedures for identifying when a certain threshold number of verifications of a single SSN would be likely to indicate misuse. If this threshold is met, M&C may contact or visit an employer to research the issue and determine if there is a system problem the Verification Division needs to correct; a user misunderstanding that requires additional training for the employer; or potentially fraudulent activity that may need to be reported to a law enforcement agency. Information also may be shared with other government agencies.

The management of compliance activities and storage of the supporting information will be handled by the Compliance Tracking and Management System (CTMS). Activities that will be monitored may include:

  • Fraudulent use of Alien Numbers (A-Numbers) and SSNs by E-Verify users;
  • Termination of an employee because he receives a tentative nonconfirmation (TNC);
  • Failure of an employer to notify DHS, as required by law, when an employee who receives a final nonconfirmation (FNC) is not terminated;
  • Verification of existing employees (as opposed to new hires);
  • Verification of job applicants, rather than new employees (pre-screening);
  • Selectively using E-Verify or SAVE for verifications based on foreign appearance, race/ethnicity, or citizenship status;
  • Failure to post the notice informing employees of participation in E-Verify;
  • Failure to use E-Verify, consistently or at all, once registered;
  • Failure of a SAVE agency to initiate additional verification when necessary;
  • Unauthorized searching and use of information by a SAVE agency user; and
  • Fraudulent use of visas, permits, and other DHS documents by SAVE users.

DHS also notes that employers are required to post notification of their participation in E-Verify conspicuously for their employees. This notification provides the employees with information concerning their rights and responsibilities regarding E-Verify, including contact information. M&C compliance activities on this front most likely would occur based on a complaint or hotline report, or during a compliance visit researching other potential noncompliance. M&C might also identify potential noncompliance from media reports or tips from law enforcement agencies.

The related proposed rule is available at http://edocket.access.gpo.gov/2009/pdf/E9-11966.pdf. The Privacy Act notice is available at http://edocket.access.gpo.gov/2009/pdf/E9-11967.pdf.

Back to Top


4. SEVP Posts New Information on Upcoming SEVIS II

The Student and Exchange Visitor Program (SEVP) has added a new section to its Web site on the development of the SEVIS II database. SEVIS II supports the application and admission of students and exchange visitors under the F, M, and J classifications. SEVIS II maintains personal information about these foreign nationals and any accompanying dependents. In addition, SEVIS II maintains personal information about officials of approved schools and designated exchange visitor sponsors who host nonimmigrant students and exchange visitors.

The Student and Exchange Visitor Program (SEVP) has added a new section to its Web site on the development of the SEVIS II database. SEVIS II supports the application and admission of students and exchange visitors under the F, M, and J classifications. SEVIS II maintains personal information about these foreign nationals and any accompanying dependents. In addition, SEVIS II maintains personal information about officials of approved schools and designated exchange visitor sponsors who host nonimmigrant students and exchange visitors.

For more information, see http://www.ice.gov/sevis/sevisii/index.htm.

Back to Top


5. DOS Proposes Electronic Submission of SEVIS Annual Reports

The Department of State (DOS) has proposed allowing electronic submission of Student and Exchange Visitor Information System (SEVIS) annual reports. Annual reports from designated program sponsors assist DOS in oversight and administration of the J-1 visa program. The reports provide statistical data on the number of exchange participants an organization has sponsored by category. The reports also summarize the activities in which exchange visitors were engaged and evaluate program effectiveness. Program sponsors include government agencies, academic institutions, and private sector entities.

Annual reports currently are completed through SEVIS and then printed and signed by a sponsoring official, and sent to DOS by mail or fax. DOS is working with the Department of Homeland Security to expand SEVIS functions and enable the collection of electronic signatures. Annual reports will be submitted to the Department electronically as soon as the mechanism for doing so is approved and in place, DOS said.

See http://edocket.access.gpo.gov/2009/pdf/E9-12147.pdf.

Back to Top


6. USCIS Ombudsman Reports on Denials of Adjustment of Status Applications Following a Change of Employment

The U.S. Citizenship and Immigration Services (USCIS) Ombudsman has received inquiries stating that the agency is not issuing Notices of Intent to Deny following a change of jobs, as required by the American Competitiveness in the 21st Century Act (AC21) and USCIS policy guidance, but instead is immediately denying pending Form I-485 (Application to Register Permanent Residence or Adjust Status) applications.

If a foreign national is: (1) the beneficiary of an approved Form I-140 (Petition for Immigrant Worker); and (2) has a Form I-485 pending for 180 days or more, he or she is eligible to change to a same or similar position. If the underlying approved I-140 is withdrawn, and no evidence of a new qualifying offer of employment was submitted, then USCIS must issue a Notice of Intent to Deny the pending I-485.

However, the ombudsman noted that USCIS may deny the I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the I-485 by statute, or the I-140 is withdrawn before the I-485 was pending for 180 days.

If you think your case was erroneously denied, the ombudsman asks that you forward a description of the problem using DHS Form 7001 with the subject line, “AC21 Evidence of Immediate Denial.” Include a copy of your denial notice, detailed information about the reasons for the immediate denial, and, if appropriate, evidence that you submitted a Motion to Reopen or Reconsider. “If we consider your case to be an erroneous denial, we will forward it directly to USCIS for further review,” the ombudsman states.

For more information, including links to USCIS Interoffice Memoranda further clarifying USCIS processing of these cases, see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#1.

Back to Top


7. Court Orders USCIS To Accept Concurrently Filed Religious Worker, Adjustment Applications

In Ruiz-Diaz v. U.S., Washington District Court has found that the bar against concurrent filings on behalf of religious workers for adjustment of status is invalid and unenforceable. The court ordered U.S. Citizenship and Immigration Services to begin accepting concurrently filed special immigrant religious worker petitions and adjustment of status applications, along with related employment authorization applications.

The case is available at http://www.aila.org/content/default.aspx?docid=29247.

Back to Top


8. DHS Begins Exit Pilot Test of Fingerprint Collections at Two Airports

The Department of Homeland Security (DHS) has begun collecting digital fingerprints from non-U.S. citizens departing the U.S. as part of a pilot program at Hartsfield-Jackson Atlanta International Airport and Detroit Metropolitan Wayne County Airport.

Non-U.S. citizens leaving from Detroit and Atlanta airports should expect to have their fingerprints collected before boarding their flights. U.S. Customs and Border Protection (CBP) officers will collect fingerprints at the boarding gate from non-U.S. citizens departing from Detroit; U.S. Transportation Security Administration (TSA) officers will collect fingerprints at security checkpoints from non-U.S. citizens departing from Atlanta. The pilot tests are expected to continue through early July. US-VISIT plans to begin implementing new biometric exit procedures based on these pilots for non-U.S. citizens departing the U.S. by air within the next year.

Non-U.S. citizens departing the U.S. from all other ports of entry will continue to follow current exit procedures, which require travelers to return their paper Form I-94 (Arrival-Departure Record) or I-94W (for Visa Waiver Program travelers) to an airline or ship representative.

Since 2004, the U.S. Department of State (DOS) and U.S. Customs and Border Protection (CBP) have collected biometrics from most non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at U.S. ports of entry. The US-VISIT program has simultaneously worked to create a congressionally mandated automated biometric exit capability, which these pilots are testing.

For more information, see http://www.dhs.gov/ynews/releases/pr_1243605893203.shtm.

Back to Top


9. DHS Establishes Interim Relief for Widows of U.S. Citizens

The Department of Homeland Security (DHS) has granted deferred action for two years to widows and widowers of U.S. citizens, and their unmarried children under 21 years old, who reside in the U.S. and were married for less than two years before their spouse’s death.

U.S. Citizenship and Immigration Services (USCIS) will suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for reassessment of immigration status was the death of a U.S. citizen spouse before the second anniversary of the marriage. Additionally, U.S. Immigration and Customs Enforcement (ICE) will defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.

USCIS will also consider favorably requests for humanitarian reinstatement where previously approved petitions for widow(er)s had been revoked because of the law. DHS said it will soon issue guidance on how to apply for this relief.

While the directive provides a short-term arrangement for widow(er)s of deceased U.S. citizens, the agency noted that legislation is required to amend the definition of “immediate relative” in the Immigration and Nationality Act to permit surviving spouses to remain indefinitely after the U.S. citizen spouse dies, enabling them to seek permanent resident status.

The DHS notice is available at http://www.dhs.gov/ynews/releases/pr_1244578412501.shtm.

Back to Top


10. ABIL Global: EU Adopts Blue Card for Highly Skilled Foreign Workers

The Council of the European Union has created a fast-track procedure for issuing a special residence and work permit, the “EU Blue Card,” for third-country citizens in highly qualified employment. Under the rules set by the directive, EU Blue Card holders will enjoy equal treatment with nationals of the member state issuing the Blue Card regarding:

  • working conditions, including pay and dismissal;
  • freedom of association;
  • education, training, and recognition of qualifications;
  • a number of provisions in national law regarding social security and pensions;
  • access to goods and services, including procedures for obtaining housing, information and counseling services; and
  • free access to the entire territory of the member state concerned within the limits provided for by national law.

Following its publication in the Official Journal of the EU, the member states will have two years to incorporate the new provisions into their domestic legislation.

The announcement is available at http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/misc/107989.pdf.

Back to Top


11. Recent News from ABIL Members

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) spoke on a panel, “Demoted, Restructured or Fired: Representing Your Clients In A Recession Era and How To Practice Ethics In A Crisis,” at the 2009 Upper Midwest Immigration Conference: “Maximizing The Act,” held in Bloomington, Minnesota, on April 30, 2009.

Mr. Mehta also spoke on business ethics at the American Immigration Lawyers Association’s (AILA) Annual Conference in Las Vegas, Nevada, on June 6, 2009.

At the AILA Conference, Sharon Mehlman (bio: https://www.abil.com/lawyers/lawyers-mehlman.cfm) moderated the USCIS Open Forum and also presented on liaison issues for the AILA Leadership Institute. She received an award from AILA for outstanding liaison work.

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) spoke on four panels at the AILA Conference. On June 4, Mr. Yale-Loehr moderated a panel on E nonimmigrant investor visas. On June 5, he spoke at a luncheon seminar sponsored by CanAm enterprises on EB-5 immigrant investor green cards. On June 6, he spoke at an advanced panel on EB-5 issues. Also on June 6, he led a lunch meeting of Invest In the USA (IIUSA), a trade association of EB-5 regional centers.

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) is ending his term as AILA President as of June 4, 2009, and Bernard Wolfsdorf (bio: https://www.abil.com/lawyers/lawyers-wolfsdorf.cfm) is beginning his.

Mr. Kuck’s immigration blog is available at http://www.immigration.net/blog. His podcast is available on iTunes (“The Immigration Hour” – see http://www.apple.com/search/ipoditunes/?q=immigration+hour).

H. Ronald Klasko (bio: https://www.abil.com/lawyers/lawyers-klasko.cfm) addressed members of NAFSA: Association of International Educators on “Advanced Immigration Issues for Academic Healthcare Institutions” at its annual meeting in Los Angeles recently. His talk included the latest information on obtaining visas and resident status for faculty, researchers, medical personnel, and staff members. At the same conference, Mr. Klasko also spoke on worksite compliance. His talk, “100 Percent Compliance with Immigration, Form I-9, and E-Verify Rules,” detailed how universities and research institutions with federal contracts are subject to the new E-Verify compliance rules. Over 7,000 NAFSA members, from universities and teaching hospitals around the world, attended the annual meeting.

Mark Ivener (bio: https://www.abil.com/lawyers/lawyers-ivener.cfm) spoke at the AILA Conference on June 4, 2009, on “Marketing Your Brains Out, Without Losing Your Mind.”

Back to Top


12. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online: https://egov.uscis.gov/cris/jsps/ptimes.jsp

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2009-06-15 00:00:162019-09-17 19:34:11News from the Alliance of Business Immigration Lawyers Vol. 5, No. 6B • June 15, 2009

News from the Alliance of Business Immigration Lawyers Vol. 5, No. 6 • June 01, 2009

June 01, 2009/in Immigration Insider /by ABIL

Headlines:

1. USCIS Updates Progress Toward H-1B Cap -USCIS has received approximately 45,700 H-1B petitions toward the H-1B cap for FY 2010.

2. USCIS Announces Extension of J-1 Entry Date for International Medical Graduates to Qualify for “Conrad 30” – The date by which international medical graduates must have been granted J-1 nonimmigrant status to later qualify for “Conrad 30” has been extended to September 30, 2009.

3. DOL Keeping Pre-iCERT LCA System Operational Through June 30 – The Department of Labor says it has remedied some problems with the new iCERT online labor condition application system.

4. USCIS Extends Non-Minister Special Immigrant Religious Worker Program – The non-minister special immigrant religious worker program is extended through September 29, 2009.

5. State Dept. Updates Visa Availability for Remainder of Year – Visa availability during the final fiscal quarter could become limited as categories approach their annual numerical limits.

6. USCIS Revises Filing Instructions and Direct Mail Program for Application to Replace Green Card – The revised filing instructions require applicants to submit supporting documentation with their applications.

7. New Border Document Requirements in Effect June 1 – New document requirements went into effect on June 1, 2009, for entry into the U.S. at land or sea ports.

8. Supreme Court Rules Fake IDs Not Necessarily ‘Identity Theft’ – The Supreme Court ruled that using counterfeit identification cards to gain employment does not necessarily constitute identity theft.

9. Federal Court Finds Surviving Spouses Are Entitled to Immediate Relative Status – The court found that plaintiffs residing in the Ninth and Sixth Circuits are entitled to immediate relative classification as surviving spouses of deceased U.S. citizens.

10. Recent News from ABIL Members – Recent News from ABIL Members

11. Government Agency Links – Government Agency Links


Details:

1. USCIS Updates Progress Toward H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) announced that as of May 22, 2009, it has received approximately 45,700 H-1B petitions toward the congressionally mandated 65,000 H-1B cap for the fiscal year (FY) 2010 program. The agency continues to accept petitions subject to the general cap.

Additionally, the agency said it has received approximately 20,000 petitions for those with advanced degrees; however, it continues to accept advanced degree petitions “since experience has shown that not all petitions received are approvable.” Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.

USCIS will provide regular updates on the processing of FY 2010 H-1B petitions. The updates are available on the USCIS Web site at http://www.uscis.gov/h-1b_count.

Back to Top


2. USCIS Announces Extension of J-1 Entry Date for International Medical Graduates to Qualify for “Conrad 30”

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the date by which international medical graduates must have been granted J-1 nonimmigrant status to later qualify for the “Conrad 30” program has been extended to September 30, 2009. Before this latest extension was granted, the most recent sunset date for qualifying J-1 admission was March 6, 2009.

Under the Conrad 30 program, each state health department may submit a request directly to the Department of State (DOS) to initiate the waiver process for a J-1 medical doctor. This request enables J-1 doctors to obtain a waiver of the two-year foreign residence requirement, if the DOS submits a favorable recommendation to USCIS, and generally will be granted “as long as there are no underlying concerns.” Once the waiver is granted, J-1 doctors must practice medicine for at least three years in a medically underserved shortage area or areas. The Department of Health and Human Services designates the medical shortage areas.

The Conrad 30 (originally Conrad 20) program was established in 1994 to address the shortage of qualified doctors in medically underserved areas, and has been extended several times since then. In 2004, Congress amended the program to exempt J-1 doctors who received a Conrad 30 waiver from the annual H-1B cap, because these doctors must complete their required three-year period of service as H-1B nonimmigrants.

The new sunset date of September 30, 2009, applies to the date the medical doctor originally entered the U.S. in J-1 status or received a change of status to J-1 to complete a residency program in the U.S. Doctors who acquired J-1 status before that date may pursue a waiver of the two-year foreign residence requirement under the Conrad State 30 program if they meet all the eligibility requirements.

The USCIS reminder is available at http://www.uscis.gov/files/article/conrad-30-5-11-09.pdf.

Back to Top


3. DOL Keeping Pre-iCERT LCA System Operational Through June 30

On May 9, 2009, during a conference call, the Department of Labor recently told several organizations that it has remedied some problems with the new iCERT online labor condition application system, but will keep the old LCA system operational through June 30, 2009, to allow sufficient transition time to the new online system for filing LCAs using the new ETA-9035.

The iCERT portal is at http://icert.doleta.gov/. Technical issues should be raised via oflc.portal@dol.gov.

Back to Top


4. USCIS Extends Non-Minister Special Immigrant Religious Worker Program

U.S. Citizenship and Immigration Services (USCIS) has extended the non-minister special immigrant religious worker program through September 29, 2009. The program had expired on March 6, 2009.

The extended category covers special immigrant religious workers in professional or non-professional capacity within a religious vocation or occupation. The extended date also applies to accompanying spouses and children of these non-ministers. Workers entering the U.S. only to continue the vocation of a religious minister are not affected by the expiration date.

USCIS will receive and process Petitions for Amerasian, Widow(er), or Special Immigrant (Forms I-360) for those religious workers affected by the expiration of the program. USCIS also will process Applications to Register Permanent Residence or Adjust Status (Forms I-485) based on approved I-360 petitions for non-minister special immigrant religious workers.

Applications for Action on an Approved Application or Petition (Forms I-824) requesting “following-to-join” individuals whose basis for the adjustment was an approved I-360 SR petition for a non-minister category, or requesting an approved I-360 SR petition to be sent to the State Department’s National Visa Center, will continue to be accepted and processed as well, USCIS said.

Unless Congress extends the expiration date of the program, beginning September 30, 2009, USCIS will suspend processing of any pending Forms I-360, I-485, and I-824 affected by the expiration, and will reject all petitions and applications for this program received on or after that date.

The USCIS notice is available at http://www.uscis.gov/files/article/NonMinister_Religious_Worker_Program%20Extended.pdf.

Back to Top


5. State Dept. Updates Visa Availability for Remainder of Year

The Department of State’s Visa Bulletin for June notes that applicant demand for visa numbers, primarily for adjustment of status cases at U.S. Citizenship and Immigration Services offices, has been extremely heavy throughout the year. As a result, visa availability during the final fiscal quarter could become limited as categories approach their annual numerical limits. Therefore, the Department said, visa availability throughout the remainder of the year cannot be guaranteed and the establishment of cut-off dates, or retrogression of existing cut-off dates, cannot be ruled out. The employment-based third preference and “Other Workers” categories are unavailable for June, and are expected to remain that way until October 1, when the new federal fiscal year begins.

All other employment-based categories are Current, except for China-mainland born second preference, which has a cut-off date of February 15, 2005, and India second preference, which has a cut-off date of January 1, 2000. The Department noted that it was necessary to retrogress the India employment second preference cut-off date more than four years, from February 15, 2004, in the May Bulletin to January 1, 2000, in the June Bulletin, to keep visa issuances within the annual category numerical limit. The Department said it is unsure whether this retrogression will apply throughout the remainder of the fiscal year.

The Visa Bulletin for June is available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4497.html.

Back to Top


6. USCIS Revises Filing Instructions and Direct Mail Program for Application to Replace Green Card

U.S. Citizenship and Immigration Services (USCIS) has changed the filing location and filing instructions for the Application to Replace Permanent Resident Card (Form I-90). The revised filing instructions require applicants to submit supporting documentation with their applications. Before this change, applicants were instructed to bring their supporting documentation to their biometrics appointments. The notice also revises the Direct Mail address for the I-90. Applicants must now file their I-90s and supporting documentation with the USCIS Lockbox facility in Phoenix, Arizona.

This change in filing location affects all I-90 applicants filing a paper form, including those applicants filing the I-90 because their previously issued card was never received or because their existing card has incorrect data due to a USCIS error. This notice does not affect applicants filing an I-90 electronically or whose place of residence is outside the U.S.

As noted above, applicants now must submit their I-90s and supporting documentation to the USCIS Lockbox facility in Phoenix for initial processing, using the following addresses:

USCIS
P.O. Box 21262
Phoenix, AZ 85036

For USPS Express Mail and Courier Service deliveries, use the following address:

USCIS
Attn: I-90
1820 Skyharbor Circle S Floor 1
Phoenix, AZ 85034

The announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=21079cb6ab8e0210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. The updated I-90 instructions are available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD and http://www.uscis.gov/files/form/i-90instr.pdf. The form is available at http://www.uscis.gov/files/form/i-90.pdf. A related Q&A is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1e229cb6ab8e0210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. The Federal Register notice is available at http://edocket.access.gpo.gov/2009/E9-9620.htm.

Back to Top


7. New Border Document Requirements in Effect June 1

U.S. Customs and Border Protection (CBP) issued a reminder to U.S. and Canadian citizens that new document requirements took effect on June 1, 2009, for entry into the U.S. at land or sea ports under the Western Hemisphere Travel Initiative (WHTI). CBP said it is committed to working with travelers to ensure that they have access to, and can obtain, appropriate travel documents. Those who lack WHTI-compliant documents but are otherwise admissible “will not be denied entry into the United States on June 1, and are encouraged to continue with their travel plans and to obtain facilitative and secure WHTI travel documents as soon as possible,” CBP said.

WHTI-compliant documents include:

  • U.S. or Canadian passports
  • Trusted Traveler Cards (NEXUS, SENTRI, or FAST/EXPRES);
  • U.S. Passport Cards
  • State or province-issued Enhanced Driver’s Licenses (when and where available)

Children under age 16 arriving by land or sea from Canada, Mexico, or the Caribbean need only present proof of citizenship, such as an original copy of a birth certificate, a consular report of birth abroad, a naturalization certificate, or a Canadian citizenship card. Document requirements for permanent residents of the U.S. remain unchanged, and such persons should continue to present their Permanent Resident Card (Form I-551).

The CBP notice is available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/05202009.xml.

Back to Top


8. Supreme Court Rules Fake IDs Not Necessarily ‘Identity Theft’

On May 4, 2009, the Supreme Court ruled that using counterfeit identification cards to gain employment does not necessarily constitute aggravated identity theft.

In 2000, to secure employment, Ignacio Flores-Figueroa, a Mexican citizen, gave his employer counterfeit Social Security and green cards that showed his name but included other people’s identification numbers. He was arrested and charged with two immigration offenses, along with aggravated identity theft. The government noted that the applicable law imposes a mandatory prison term on certain offenders if they “knowingly…use[ ], without lawful authority, a means of identification of another person.” Mr. Flores-Figueroa argued that the government could not prove that he knew the numbers on the counterfeit documents were assigned to other people, but the government responded that it need not prove such knowledge.

The Supreme Court said it had granted certiorari to consider the knowledge issue, a matter about which the Circuits have disagreed. The Court, extensively citing English grammar, concluded that the law requires the government to show that the defendant knew that the means of identification at issue belonged to another person. The Court reversed the judgment of the Court of Appeals and remanded the case “for further proceedings consistent with this opinion.”

The case is available at http://www.supremecourtus.gov/opinions/08pdf/08-108.pdf.

Back to Top


9. Federal Court Finds Surviving Spouses Are Entitled to Immediate Relative Status

On May 1, 2009, a California federal court ruled on a national class action lawsuit challenging the “widow penalty.” The court found that plaintiffs residing in the Ninth and Sixth Circuits are entitled to immediate relative classification as surviving spouses of deceased U.S. citizens. The court said the “defendants are cautioned that they may not use factors arising from their improper denial of plaintiffs’ applications to again deny the petition and application upon reopening them…Defendants are hereby ordered to reopen the immediate relative petitions and applications for adjustment of status and immigrant visas of plaintiffs in the Sixth and Ninth Circuits, and to adjudicate them in a manner consistent with the holding of the Court.”

The case is available at http://ssad.org/images/Hootkins_Order_Final_SJ.pdf.

Back to Top


10. Recent News from ABIL Members

Mark Ivener (bio: https://www.abil.com/lawyers/lawyers-ivener.cfm) participated on a panel, Planning for Immigration and Expatriation, at the 2nd Annual STEP (Society of Trust & Estate Practitioners) Pacific Rim Conference in San Francisco on May 7-8, 2009.

H. Ronald Klasko (bio: https://www.abil.com/lawyers/lawyers-klasko.cfm) recently spoke to members of the Brooklyn Board of Realtors in New York regarding the U.S. regional center EB-5 visa program. The program is of interest to realtors because many international real estate buyers want to retire and live year-round in the U.S. The regional center EB-5 program allows them to accomplish these goals. Mr. Klasko also spoke at the Mid Winter Business Meeting of the Florida Association of Realtors in Orlando about immigration options for foreign investors.

Mr. Klasko also spoke at the Annual Immigration Law Conference of the American Immigration Lawyers Association’s South Florida Chapter. Mr. Klasko spoke on three panels on the topics of options for wealthy investors; client development and management in difficult economic times; and the E-Verify program.

Klasko, Rulon, Stock & Seltzer LLP announced the launch of its new micro-site dedicated to providing employers with “need-to-have” resources to stay in compliance with U.S. immigration laws. The new site, http://www.worksite-compliance.com, provides extensive information to businesses on federal and state worksite compliance laws, I-9 enforcement, E-Verify, Social Security no-match letters, and H-1B Labor Condition Application compliance issues.

Special features on the site include:

  • An I-9 Desk Reference Handbook (covering employee verification, employer sanctions, and anti-discrimination laws)
  • An E-Verify state-by-state legislation survey

Last month, the firm launched an interactive immigration blog (http://blog.klaskolaw.com).

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm), recently spoke to 150 members of the New York City chapter of the American Immigration Lawyers Association (AILA) about the EB-5 immigrant investor visa program.

Back to Top


11. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online: https://egov.uscis.gov/cris/jsps/ptimes.jsp

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Back to Top

https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/cygnus/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2009-06-01 00:00:382019-09-17 19:38:03News from the Alliance of Business Immigration Lawyers Vol. 5, No. 6 • June 01, 2009

Archive

  • July 2020
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006

ABIL is a corporation with over 40 top-rated immigration law firms and 1,500+ professionals.

News

  • BRAZIL: Accepting Work Authorization Applications Thorugh New Digital Certificate System
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9D • September 22, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9C • September 15, 2019
  • News from the Alliance of Business Immigration Lawyers Vol. 15, No. 9B • September 08, 2019

Sign Up for our Newsletters

Sign up for our Immigration Insider & Global Updates Newsletters

Select list(s) to subscribe to


By submitting this form, you are consenting to receive marketing emails from: Alliance of Business Immigration Lawyers, 11 Dupont Circle, N.W., Washington, DC, 20036, https://www.abil.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
© Alliance of Business Immigration Lawyers (ABIL) All Rights Reserved 2023
  • Facebook
  • Twitter
  • LinkedIn
  • Home
  • About
  • ABIL Lawyers
  • Global Immigration
  • Services
  • Industries
  • Resources
  • Contact
Scroll to top