|  News & Current
Issues
October 2007: Misuse
of a Social Security Number a Deportable Crime
A Petitioner’s conviction of misuse of a social security
number obtained by fraud was found to be a crime involving moral
turpitude, rendering him subject to removal.
October 2007: Cloture
Vote on DREAM Act Fails
On 10/24/07, the Senate failed to garner the 60 votes needed to
move forward with debate on the DREAM Development, Relief, and
Education for Alien Minors Act of 2007. See http://www.aila.org/content/default.aspx?docid=23692
October 2007: ICE
Arrests More Than 1,300 in L.A. Area Sweep
On 10/3/07 ICE announced that more than 1,300 foreign nationals
were arrested during a two-week operation in the Los Angeles area.
The News Release is followed by a Fact Sheet on ICE’s Fugitive
Operations Program. See http://www.ice.gov/pi/news/newsreleases/articles/071003losangeles.htm
October 2007: Drunk
Driving Issue
The DOS recently issued a cable requiring consular officers to
refer non immigrant visa applicants with prior drunk driving issues
to panel physicians for medical exams in certain circumstances.
Consular officers must now also refer applicants to panel
physicians if there is any other evidence to suggest an alcohol
problem (emphasis added).
October 2007: U
Visas for Victims of Crime
USCIS issued a reminder that a new interim rule that authorizes
temporary immigration benefits to certain victims of crimes who
help law enforcement will be effective October 17, 2007. For the
USCIS press release, see here.
http://www.ilw.com/immigdaily/news/2007,1018-uvisa.pdf
October 2007: Social Security
No-Match Regulation Litigation
The injunction against the regulation remains in effect. In a statement
released October 10, 2007, the Department of Homeland Security indicated that
it will examine all legal options, including filing an appeal so that the injunction
may be lifted.
October 2007: J Exchange Visitors: Resident or Nonresident
Paula
N. Singer, Esq. writes "A foreign national's immigration
status and countable days of US presence over a three-calendar
year period determine the foreign national's US tax residency status." See http://www.ilw.com/articles/2007,1005-singer.shtm
October 2007: End of PERM Backlog
The
Employment & Training Administration
of the DOL announced that the permanent foreign labor certification
program's backlog has been eliminated, with nearly 99 percent
of cases completed and the remainder awaiting responses from
employers. See
http://www.ilw.com/immigdaily/news/2007,1004-backlog.shtm
October 2007: RAIDS
Immigration and Customs Enforcement (ICE) conducted raids throughout
Long Island and Westchester County in September. On October
3rd, 2007, ICE announced that more than 1,300 foreign nationals
were arrested during a two-week operation in the Los Angeles
area. See http://www.ice.gov/pi/news/newsreleases/articles/071003losangeles.htm
September 2007: Social Security
No-Match Regulation Halted Due to Recent Litigation
A federal judge recently granted a temporary restraining order
which stopped the DHS from enforcing the "no match" regulation. The
ICE no-match regulations state that if a SS# or immigration document
discrepancies cannot be resolved with a 93-day period, employers
must terminate the employment or risk liability for knowingly hiring
or continuing to employ an individual who is unauthorized to work
in the U.S. The no-match regulation, which was scheduled to take
effect September 14, 2007, will be suspended until the federal
court adjudicates the matter. See http://www.nilc.org/immsemplymnt/SSA_Related_Info/ssa005.htm
September 2007: DHS Working to Implement Electronic Travel
Authorization
The new Electronic Travel Authorization (ETA) system is part
of the travel forecast. A recent law passed on August 3, 2007,
directed the Department of Homeland Security to develop a system
by which most foreign tourists and business visitors would have
to obtain ETA prior to traveling to the United States. The
new requirement would only apply to tourists and business visitors
using the visa waiver program, which does not require a visa stamp
or any other form of pre-approval. The ETA program is in
early stages of development and before it takes effect, a report
must be submitted to Congress and a notice must be published in
the Federal Register.
September 2007: Nonimmigrant Victims
of Criminal Activity May Be Granted Status Under New Rule
On September 5, 2007, USCIS announced it would soon publish an
interim rule that would grant temporary immigration benefits to
certain victims of crimes who assist government officials in investigating
and prosecuting criminal activity. Alien victims of criminal
activity who suffered substantial mental or physical abuse because
of the activity and are willing to assist government officials
in the investigation of the crime are eligible for this relief,
the "U" visa. Those granted U visas may remain
in the US for up to four years and may be accompanied by certain
immediate family members.
August 2007 - Diversity Visa Lottery 2009
The Bureau of Consular Affairs of the Department of State stated
that the DV-2009 Lottery online entry will begin at Noon EDT
on October 3, 2007, and end at Noon EST on December 2, 2007.
See http://travel.state.gov/visa/immigrants/types/types_1318.html
for instructions.
August 2007 - USCIS Proposes to Require Replacement of Green Cards
Senator Menendez (D-NJ) sent a letter to DHS Secretary Michael
Chertoff, asking for further clarification regarding a policy
announced by USCIS that will require 750,000 legal permanent
residents to replace their green cards. See
http://www.ilw.com/immigdaily/news/2007,0828-menendez.shtm
August 2007 - CBP Launches Online Application
For Cross-Border Travel
US Customs and Border Protection announced that cross-border travelers
wishing to apply for Nexus privileges are now able to do so through
a new, online application system. See http://www.ilw.com/immigdaily/news/2007,0820-cbp.shtm
July 2007 – USCIS
filing fees increase from July 30, 2007
See http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf for
schedule
July
2007 – Employment
and Training Administration Issues H-2B Trainee Visa Frequently
Asked Questions
The Employment and Training Administration issued round one of
the H-2B frequently asked questions. See http://www.ilw.com/immigdaily/news/2007,0720-DOL.pdf
July
2007 – Department
of State Cable On Drunk Driving Habits
The Department of State issued guidance on processing visa
applicants with drunk driving habits. See http://www.ilw.com/immigdaily/news/2007,0719-cable.shtm
June 2007: Cloture Fails, Senate
Comprehensive Immigration Reform Bill Withdrawn
On Thursday, June 28, 2007, the Senate failed to invoke cloture
on S. 1639 by a vote of 46-53, most likely forfeiting the opportunity
to move forward with immigration reform this summer. Majority
Leader Reid withdrew S. 1639 from the Senate floor, but reminded
his colleagues that the 110th Congress is only six months into
a two-year session and much work on this vitally important issue
remains to be done.
Read the American Immigration Lawyers Association's statement
at
See http://www.aila.org/content/default.aspx?docid=22774
June 2007: Visa numbers now current for professionals and skilled
workers
Employment-based visas (‘green cards’) for professionals
and skilled workers are now current. The Department of State Visa
Bulletin for July 2007 shows advance in all employment based visa
categories to current except Other Worker.
See http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
June 2007: Immigration Reform
The Senate Points System in the pending Senate immigration
bill negatively affects talented individuals hoping to live and work
in the U.S.
See http://www.washingtonpost.com/wp-dyn/content/article/2007/05/25/AR2007052502472.html
Also see http://www.ilw.com/articles/2007,0605-endelman.shtm
June 2007: Con Artist Preys On Yale, Irish
According to a Hartford Courant news story, "Posing as a [Yale
University] law professor with an expertise in immigration law, they
say, [a con artist] has scammed hundreds of undocumented workers
from Ireland into thinking he could secure them a green card - for
a $5,000 fee."
May 2007: H1B Masters Cap Reached
May 4th
USCIS announced the H1B Masters cap was reached on May 4, 2007.
See www.ilw.com/immigdaily/news/2007,0509-h1b.pdf
May 2007: Immigration Reform in Brief
The Congressional Research Service provided a report "Immigration
Reform: Brief Synthesis of Issue"
See www.ilw.com/immigdaily/news/2007,0504-crs.pdf
May 2007: Visitors No Longer Required to Biometrically "Check Out" When Departing
The Department of Homeland Security announced the completion of the three-year pilot program that required international visitors to biometrically check out at select airports and seaports. Effective May 6, 2007, international visitors will no longer be required to use the US-VISIT exit kiosks when they leave the United States.
See www.aila.org/content/default.aspx?docid=22285
April 2007: USCIS Proposes Changes for Religious Worker Visas
USCIS published a proposed rule to amend USCIS regulations on special immigrant and nonimmigrant religious worker visa classifications. Comments are due June 25, 2007. To read the proposed rule.
April 2007: H-1B Cap for 2008
Reached on First Day!
The USCIS has announced that the H-1B cap for Fiscal Year 2008 was reached on
the first day that filing was permitted, April 2, 2007. The announcement contains
further information on the random selection lottery, on the U.S-earned Master’s
degree exemption from the cap, and on processing of petitions.
See: http://www.aila.org/content/default.aspx?docid=22017
March 2007: DOS J Visa Update to Consular Posts
A March 2007 telegram to consular posts provides updated guidance on exchange visitor visas.
March 2007: CIS Memo Explains Current FBI Name Check Policy and Announces Policy Changes
A Memo dated December 21, 2006 from Michael L. Aytes explains the
current FBI Name Check Policy, and announces policy changes regarding
missing or incorrect date of birth, validity period, duplicate
requests, and expedited name checks.
March 2007: DHS Announces Proposal for Drivers License Compliance with REAL ID
On March 1, 2007, the Department of Homeland Security announced its
proposal to establish minimum standards for state-issued driver's
licenses and identification cards in compliance with the REAL
ID Act of 2005. See DHS Press Release at www.aila.org/content/default.aspx?docid=21768
February 2007: USCIS Publishes Proposed Rule to Dramatically Hike Fees
USCIS published a proposed rule to drastically increase fees for immigration and naturalization applications and petitions.
January 2007: Senate Passes Amendment on Employment of Undocumented Immigrants
On January 25, 2007, the Senate voted 94-0 in favor of an amendment to the minimum wage bill (H.R. 2) that would bar companies employing undocumented immigrants from receiving government contracts for seven years, or ten years if that company held a government contract at the time of the offense, with certain exemptions.
See: http://www.aila.org/content/default.aspx?docid=21539
|
