|  U.S. Immigration News
February 2010: Haiti Tragedy Raises Important Immigration Issues for The US
Muzaffar Chishti and Claire Bergeron for Migration Information Source write "In the US in particular, the discussion over immigration relief for Haitians has rekindled larger debates over the role of immigration in economic development, and the impact of humanitarian crises on existing immigration laws." See
http://www.migrationinformation.org/
February 2010: H-1B quota for 2010-11 opens on April 1st, 2010
Visas for professionals - H-1B visas - become available for application on April 1st for a work start date no earlier than October 1st, 2010. The H-1B visa category is subject to quota – 65,000 visas worldwide per year. Usually the quota is gone within days of opening. Last year, however, the slow uptake was unprecedented – the quota lasted until December – because of global economic recession and outsourcing by US technology companies. It’s impossible to know what will happen this year but it would be prudent to err on the side of caution and apply early to avoid disappointment.
February 2010: St. Patrick’s Day meeting with U.S. President
(The) St Patrick’s Day meeting (of Irish politicians with President Barack Obama) is a rare chance for a small country to impress its concerns upon the American president; since American immigration, military and economic policies have direct effects on Irish society and economy, such an opportunity should not be squandered. See
http://www.irishtimes.com/newspaper/letters/2010/0215/1224264465849.html
January 2010: Investors Try to Open Door to Foreign Entrepreneurs
A group of technology investors is trying to make Silicon Valley friendlier to foreign entrepreneurs. See
http://online.wsj.com/article/SB126282269345218789.html?mod=WSJ_Deals_LEFTTopNews
January 2010: USCIS Issues Q&As on Vaccination Requirements
USCIS issued questions and answers providing basic information about the general vaccination requirements for immigrants (including individuals seeking adjustment of status). See
http://www.ilw.com/immigdaily/news/2010,0107-vaccination.pdf
January 2010: Irish American Community Leaders Push for New Immigration Bill
The White House recently sent out invitations to Irish American community leaders nationwide to attend a special briefing on comprehensive immigration reform this month. See
http://www.irishcentral.com/news/Irish-American-community-leaders-push-for-new-immigration-bill-81309712.html
January 2010: Senator Chuck Schumer to lead new effort at immigration reform
See
http://www.irishcentral.com/news/Senator-Chuck-Schumer-to-lead-new-effort-at-immigration-reform--80569992.html
December 21, 2009: H-1B Cap Reached
USCIS announced that it has received sufficient number of petitions to fill the H-1B cap. USCIS is notifying the public that Dec. 21, 2009 is the "final receipt date" for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.
See www.ilw.com/immigdaily/news/2009,1224-h1b.shtm
November 27, 2009 H-1B Cap Count
As of November 27, 2009, approximately 58,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
See www.uscis.gov
November 2009: Ban Lifted For Green-Card Applicants with HIV
A two decade old rule kept those with the virus out of the U.S. Now such immigrants will be able to visit the country and apply for legal status.
See http://www.latimes.com/news/nation-and-world/la-na-immig-hiv25-2009nov25,0,1137211.story
November 2009: Increased H-1B Site Inspections Planned
Following nationwide arrests earlier in 2009 involving fraud and abuse in the H-1B visa program, the new director of U.S. Citizenship and Immigration Service promises a substantial increase in site visits to third parties employing H-1B workers.
See http://www.eweek.com/c/a/IT-Management/Feds-Plan-Increased-H1B-Site-Inspections-547081/
November 2009: Immigration and Customs Enforcement (ICE) announces 1,000 New Workplace Audits
On 11/19/09, ICE Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers associated with critical infrastructure, alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.
October 2009: USCIS Updates H-1B Count
USCIS announced that as of October 25, 2009, approximately 52,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. Any H1-B petitions filed on behalf of a foreign national with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
See: http://www.uscis.gov/
October 2009: President Directs USCIS to Prepare
The New York Times quotes the Director of the USCIS "We are under way to prepare for [giving legal status to millions of illegal immigrants]". The NY Times article further quotes the USCIS Director "Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose".
See: http://www.nytimes.com/2009/10/02/us/politics/02immig.html?_r=1
October 2009: Deadline Looms to Enter Diversity Lottery for Green Card
Applicants have until noon on Monday, November 30, to submit online entry for the DV-2011 green card lottery. The electronic Diversity Visa entry form (E-DV) may be accessed at www.dvlottery.state.gov
October 2009: No Widow Penalty
The New York Times reports that the conference report the Senate passed and sent to the President for his signature ends the widow penalty. "The Senate approved a measure on Tuesday that would end what has become known as the "widow penalty" - the government's practice of annulling foreigners' applications for permanent residency when their American spouses die before the marriage is two years old."
See: http://www.nytimes.com/2009/10/21/us/21widows.html?_r=1
October 2009: DOS Announces 2011 Diversity Visa Lottery Registration, Oct 2 – Nov 30
The Department of State announced the opening of the registration period for the DV-2011 Diversity Visa lottery.
See: http://www.ilw.com/immigdaily/news/2009,1001-diversityvisa.shtm
September 2009: USCIS Updates H-1B Count
As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
See: http://www.uscis.gov/
September 2009: The Wall Street Journal reports on the E-Verify rule going into effect for Federal contractors.
"Agencies across the federal government on Tuesday will start ordering contractors to use an electronic system to verify whether their employees are eligible to work in the US.
The sweeping new mandate, crafted by the Bush White House but being implemented by the Obama administration, represents a significant expansion for the so-called E-Verify system."
See: http://online.wsj.com/article/SB125236773673291025.html
September 2009: USCIS Publishes E-Verify Supplemental Guide for Federal Contractors
USCIS published a Supplemental Guide providing guidance for Federal contractors on the E-Verify rule.
See: http://www.ilw.com/immigdaily/news/2009,0910-federalcontractors.pdf
September 2009: USCIS Launches Redesigned Website
USCIS announced the launch of a redesigned USCIS website, a major effort which fulfills President Obama's pledge to offer enhanced navigation tools for the public to access immigration information and review case status.
See: http://www.ilw.com/immigdaily/news/2009,0923-website.pdf
September 2009: USCIS Launches My Case Status
USCIS announced that on the redesigned USCIS.gov website, My Case Status replaces Case Status Online and adds a new option for customers to receive alerts through text messages sent to their mobile phones.
See: http://www.ilw.com/immigdaily/news/2009,0928-casestatus.pdf
September 2009: Immigration Recession
The Wall Street Journal reports that the number of foreign-born US residents have declined for the first time in four decades. "About 38 million foreign-born people lived in the U.S. in 2008, or 100,000 fewer than in the previous year... Between 2000 and 2006, the U.S. foreign-born population increased by about one million people a year; in 2007, the number dropped in half."
See: http://online.wsj.com/article/SB125356996157829123.html
August 2009: As of August 28, 2009, approximately 45,100 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
See: www.uscis.gov
August 2009: South Florida's distressed real estate market attracts foreign investors
The Miami Herald reports that South Florida's distressed real estate market is attracting foreign investors - with the opportunity of becoming a US resident acting as an added incentive. "As the region's real estate market continues to buckle under unsold properties, widespread foreclosures and failed condo projects, new interest in investor visas is helping whet the already hearty appetite of foreign nationals being drawn to the market by steep bargains."
See: http://www.miamiherald.com/business/story/1180399.html
August 2009: Petitions For US worker Green Cards Down Sharply
The number of petitions from employers trying to bring foreigners to work permanently in the U.S. has declined dramatically over the last two years, an Associated Press review of government data has found.
See: http://www.msnbc.msn.com/id/32310785/ns/business-us_business/
August 2009: Bush Administration Enforcement Policies Continue
The New York Times reports that the Obama administration continues to use the enforcement policies of the Bush administration. "After early pledges by President Obama that he would moderate the Bush administration's tough policy on immigration enforcement, his administration is pursuing an aggressive strategy for an illegal- immigration crackdown that relies significantly on programs started by his predecessor."
See: http://www.nytimes.com/2009/08/04/us/politics/04immig.html
August 2009: Department of State Cable On Ending E-Passport Exemption
The law does not provide an exception for temporary and emergency passports. Therefore, effective July 1, 2009, all emergency or temporary passports must be e-Passports to be eligible for travel to the United States, including transit through the United States, under the Visa Waiver Program. The Department of State issued a cable to all diplomatic and consular posts informing them of further guidance and talking points on ending the E-Passport exemption for emergency and temporary passports.
See: http://www.ilw.com/immigdaily/news/2009,0804-cable2.shtm
August 2009: H-1B Cap Count
As of August 7, 2009, approximately 44,900 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits. See: http://www.uscis.gov
July 2009: USCIS updates H-1B Cap Count
As of July 10, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
See: http://www.uscis.gov
June 26, 2009: USCIS updates H-1B Cap Count
As of June 26, 2009, approximately 44,800 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
See: http://www.uscis.gov
June 5, 2009: USCIS updates H-1B Cap Count
USCIS announced that as of June 5, 2009, approximately 44,400 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.
See: http://www.ilw.com/immigdaily/news/2009,0612-h1b.shtm
June 2009: USCIS Issues Guidance on Employment Eligibility Verification Form
June 26, 2009 - USCIS announced today that the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) currently on the USCIS website will continue to be valid for use beyond June 30, 2009.
See: http://www.uscis.gov
June 2009: Gay Partner Language Could Doom Immigration Reform
Advocates for gays and immigrants are clashing over a proposed immigration bill that would allow gay and lesbian Americans sponsor their immigrant "permanent partners" for legal U.S. residency. See:
http://www.politico.com/news/stories/0609/23262.html
June 2009: EVerify Delay Brings Relief
Law.com reports "Employers are breathing yet another temporary sign of relief over the controversial E-verify rule, which mandates that federal contractors certify workers' immigration status through a government database." See:
http://www.law.com
June 2009: CBP Releases ESTA Advisory
CBP issued a release reminding individuals that ESTA is a free, automated system that determines the eligibility of visitors to travel to the U.S. under the Visa Waiver Program. See:
http://www.ilw.com/immigdaily/news/2009,0609-ESTA.pdf
June 2009: Democrats Face Crucial Immigration Testy
After twice postponing a highly anticipated meeting between President Barack Obama and congressional leaders on immigration reform, the White House is under increasing pressure to get legislation done this year.
See:
http://www.politico.com/news/stories/0609/23801.html
May 2009: USCIS updates H-1B Cap Count
USCIS announced that as of May 22, 2009, approximately 45,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. See
http://www.ilw.com/immigdaily/news/2009,0528-h1b.shtm
May 2009: Obama pushes for Immigration Reform
President Barack Obama has said he wants to work with
members of Congress, including former Republican presidential
rival Sen. John McCain, to revive efforts at immigration reform.
For links to this and other stories see here:
http://www.ilw.com/immigdaily/digest/2009,0501.shtm#Headlines
May 2009: Supremes rule on Identity Theft case
The Los Angeles Times reports "The Supreme Court today took away one tool for prosecuting and deporting workers who are in this country illegally, ruling that the crime of identity theft is limited to those who knew they had stolen another person's Social Security number." See
http://www.latimes.com/news/nationworld/nation/la-na-court-identity5-2009may05,0,7732350.story
May 2009: New Enterprise Ireland Fund to help Irish businesses capture growth overseas
Going Global is a new competitive fund which is focused on locally trading companies that have successfully established businesses in Ireland (10 employees and/or annual turnover > €1m), and wish to explore opportunities to internationalize their business as a route to growth. For link to information and application form, see
http://www.enterprise-ireland.com/Grow/Finance/Going+Global+Fund.htm
May 2009
USCIS Updates Count of FY2010 H-1B Petition Filings
May 4, 2009- Receipts remain relatively unchanged for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap. See
http://www.uscis.gov/portal/site/uscis/?mode=WN
USCIS Updates count of fiscal year 2010 H-1B filings
April 20, 2009 – USCIS announced an updated number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
See http://www.uscis.gov/portal/site/uscis
March 2009 – Paperless USCIS
The Federal Times reports that USCIS is spending over half a billion dollars to digitize its paper files so that it can process immigration applications over the internet instead of through US postal service. "The agency signed a five-year contract with IBM in November; the company will be the lead systems integrator on the project. It's tasked with digitizing the agency's processing system, which currently relies on some 70 million paper files scattered at hundreds of locations across the country."
See http://federaltimes.com/index.php?S=3984345
March 2009 – Obama Administration Signals It May Review a Number Of Bush Immigration Policies
Muzaffar Chishti and Claire Bergeron for the Migration Policy Institute write "The administration is also reconsidering regulatory changes from Bush's final days in office, such as a new rule for documents that prove employment authorization and the mandatory use of E-Verify for government contractors."
See: http://www.ilw.com/articles/2009,0324-chishti.shtm
March 2009 – A Risky New Push For Immigration Legislation
Advocates of legalization have crafted a plan that could alienate businesses and key Republicans, including Sen. John McCain. But it is designed to lure a powerful new ally - organized labor. See:
http://www.latimes.com/news/nationworld/nation/la-na-immigration27-2009mar27,0,4007105.story
March 2009 – U.S Deters the Hiring of Foreigners as Joblessness Grows
With the unemployment rate at 8.1% and approaching double digits, the U.S. finds its longstanding quandary over immigration growing even more difficult.
See http://online.wsj.com/article/SB123810912615352681.html?mod=googlenews_wsj
February 2009 – Freezing Immigration and Customs Enforcement (ICE)
Homeland Security Secretary Janet Napolitano has ordered a review of the ICE raid in Bellingham, WA. The New York Times reports "A high-level official in the Department of Homeland Security said that Ms. Napolitano had not been informed about the raid on Tuesday before it happened, and that she was seeking details about its planning and scope. 'She was not happy about it because it's inconsistent with her position, and the president's position on these matters,' "This is the chance for the new administration to set policy for ICE based on the administration's professed positions and values.
See http://www.nytimes.com/2009/02/26/washington/26immig.html
February 2009 – Supreme Court Questions Use of ID Theft Law Against Undocumented Workers
The Supreme Court gave a skeptical hearing Wednesday to the government's use of a strong new identity theft law against illegal workers who use fake ID cards.
For links to this and other stories see:
http://www.ilw.com/immigdaily/digest/2009,0227.shtm#Headlines
February 2009 – New Picks For DHS Raise Hopes For Immigration Reform
Esther Olavarria, a Senior Fellow and Director of Immigration Policy at the Center for American Progress, is the President’s pick for deputy assistant secretary of homeland security for policy.
For links to this and other stories see:
http://www.ilw.com/immigdaily/digest/2009,0226.shtm#Headlines
February 2009 – Indian Firms, Microsoft Top H-1B List
Indian outsourcers, along with Microsoft, again lead the list of companies bringing foreign workers to the U.S. on the H-1B visa program.
For links to this and other stories see:
http://www.ilw.com/immigdaily/digest/2009,0225.shtm#Headlines
January 2009: Details of Intern Work and Travel Program for Irish Graduates Finalized
Guidelines for the administration of the 12 month Intern Work and Travel pilot program (IWT) between the U.S. and Ireland have been finalized.
See http://dublin.usembassy.gov/general/twelve-month-intern-work-and-travel-pilot-program.html
January 2009: Comprehensive Immigration Reform in 2009
New American Media reports "Pro-immigrant advocates believe the Obama administration will have a window of opportunity between this September [2009] and March 2010 to shepherd a comprehensive immigration package that will provide a path to legalization for an estimated 12 million undocumented residents, strengthen border security and help the ailing economy."
See http://news.newamericamedia.org/news/view_article.html?article_id=ce386e69944fe33cea35ee9c7098451f
January 2009: DOS Says DV Lottery Is Now Completely Online
The Department of State promulgated an interim final rule, effective January 15, 2009, changing the standard mail-in system previously used to an entirely electronic system for the purpose of making the process less prone to fraud, improve efficiency and significantly reduce the processing costs to the Government.
See http://www.ilw.com/immigdaily/news/2009,0116-diversity.shtm
January 2009: DHS Announces New Visa Waiver Program For Guam
Department of Homeland Security announced that the current Guam Visa Waiver Program has been replaced with a new Visa Waiver Program for Guam and the Commonwealth of the Northern Mariana Islands (CNMI).
See http://www.ilw.com/immigdaily/news/2009,0116-guam.shtm
January 2009: Senator Edward Kennedy steps down
The Irish Echo reports "As the newly elected U.S. Congress convened this week the decision by Senator Edward Kennedy to step down from the Senate Judiciary Committee and the panel's immigration subcommittee, which he chaired, not only creates a vacancy but is also generating uncertainty among advocates for comprehensive immigration reform."
See http://www.irishecho.com/newspaper/story.cfm?id=18958
December 2008 – DHS Announces Malta Joins Visa Waiver Program
DHS published notice in the Federal Register that Malta has been added to the list of countries authorized to participate in the Visa Waiver Program, effective December 30, 2008.
See http://www.ilw.com/immigdaily/news/2008,1231-malta.shtm
December 2008 – On or after Jan 12, 2009 Visa Waiver Travelers must Pre-Register
Robert C. Divine writes "Tourists and business visitors from an expanded number of countries may travel to the United States without a visa, but now they must electronically register before travel. The U.S. has added approval in the Electronic System for Travel Authorization (ESTA) as a pre-requisite for travel under the Visa Waiver Program on or after January 12, 2009". To pre-register for visa waiver, see http://cbp.gov/xp/cgov/travel/id_visa/esta/
December 2008 – Supremes Dismiss Frivolous Suit Re Obama’s birthplace
Law.com reports "The Supreme Court has turned down an emergency appeal from a man who says President-elect Barack Obama is ineligible to be U.S. president because he was a British subject at birth."
See http://www.law.com/jsp/article.jsp?id=1202426586688
December 2008 – DHS Says NY Enhanced Drivers License Is Acceptable ID
DHS published notice in the Federal Register that the enhanced driver's licenses and identity documents (EDLs) issued by the State of New York as acceptable documents to denote identity and citizenship for purposes of entering the U.S. at land and sea ports of entry under the Western Hemisphere Travel initiative.
See http://www.ilw.com/immigdaily/news/2008,1203-identity.shtm
November 2008 – DHS Signs Visa Waiver Program Declaration with Romania
U.S. Department of Homeland Security Secretary Michael Chertoff signed a Visa Waiver Program declaration with Romanian Ambassador Adrian Vierita.
See http://www.ilw.com/immigdaily/news/2008,1104-romania.shtm
November 2008 – CBP Publishes Electronic System for Travel Authorization Notice
Customs and Border Protection published notice that, beginning January 12, 2009, all
non-immigrants traveling to the U.S. under the Visa Waiver
Program must obtain an approved travel authorization from the
Department's Electronic System for Travel Authorization (ESTA).
See http://www.ilw.com/immigdaily/news/2008,1114-ESTA.shtm
November 2008 – DHS published notice of a final rule effective November 17, 2008
adding the Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic to the list of countries authorized to participate in the Visa Waiver Program.
See http://www.ilw.com/immigdaily/news/2008,1118-VWP.shtm
November 2008 – Barack Obama’s Win in Keeping with U.S. Immigrant Tradition
President-elect Barack Obama's landslide win makes him the seventh President to have an immigrant parent. According to Wiki info five presidents (Jefferson, Buchanan, Arthur, Wilson, Hoover) had one immigrant parent each and one president (Jackson) had two immigrant parents. President-elect Obama's win is keeping with America's tradition as a country of immigrants.
See http://www.wikinfo.org/index.php/President_of_the_United_States_of_America
October 2008 – Diversity Visa Lottery Now Open
The entry submission period for the lottery is from 12:00PM EDT (GMT -4) on October 2, 2008 to 12:00PM EST (GMT -5) on December 1, 2008.
See http://www.dvlottery.state.gov
October 2008 – Arbitrary Seizure of Travelers' Laptops Ending?
In a move widely hailed by rights groups, several members of Congress have introduced bills that will prevent Customs and Border Protection agents from arbitrarily searching and seizing electronic devices.
For links to this and other above stories see http://www.ilw.com/immigdaily/digest/2008,1008.shtm#Headlines
October 2008 – New Visa Waiver Countries
President Bush discussed the expansion of the visa waiver program to seven new countries "I'm pleased to stand with the representatives of seven countries -- the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea -- that have met the requirements to be admitted to the United States Visa Waiver Program. Soon the citizens of these nations will be able to travel to the United States for business or tourism without a visa."
See http://www.whitehouse.gov/news/releases/2008/10/20081017-5.html
October 2008 – President Bush Says Bulgaria, Cyprus, Greece, Malta, Poland, and Romania On Road To Visa Waiver Program
President Bush in discussing the visa waiver program said, "A number of America's other close friends are participating in a process called the "visa waiver road map" that is helping them qualify for the Visa Waiver Program. I welcome the ambassadors from these "road map" countries - Bulgaria, Cyprus, Greece, Malta, Poland, and Romania."
See http://www.ilw.com/immigdaily/news/2008,1022-waiver.shtm
DHS Secretary Chertoff On Visa Waiver Program
During a roundtable with reporters from select visa waiver program countries, DHS Chertoff said, "For tourists who are going to be using the program, they must register online with the Electronic System of Travel Authorization."
See http://www.ilw.com/immigdaily/news/2008,1027-waiver.shtm
October 2008 – Air Passenger Screening Program To Launch In 2009
A long-delayed government program designed to more accurately prescreen the names of airline passengers against terror watch lists is expected to launch early next year.
For links to this and other stories see http://www.ilw.com/immigdaily/digest/2008,1023.shtm#Headlines
October 2008 – Counterfeit Border Cards
The Wall Street Journal reports "New U.S. border-crossing cards can be copied and remotely disabled with off-the-shelf equipment, researchers said, the latest finding of security weaknesses in wireless technology." For the full story, see here http://online.wsj.com/article/SB122471802693160527.html?mod=googlenews_wsj
October 2008 – The Republican Party After Bush
One issue sure to be contentious in a post-Bush GOP is
immigration. For links to this and other stories see http://www.ilw.com/immigdaily/digest/2008,1024.shtm#Headlines
October 2008 – B2s And NY Primary Residence Are Incompatible
Law.com reports "Bianca Jagger and other foreign nationals who are in the United States on tourist visas cannot meet New York City's "primary residence" requirement entitling them to rent- stabilized apartments, the New York Court of Appeals ruled Thursday." See http://www.law.com/jsp/article.jsp?id=1202425515733
The EB-5 Pilot Program Extension: Post Mortem
Carolyn S. Lee writes "Domestic EB-5 regional centers, along with foreign immigrant investors, breathed a collective sigh of relief two weeks ago when Congress extended the EB-5 regional center pilot program." See http://www.ilw.com/articles/2008,1028-lee.shtm
September 2008 - 12 Month Intern Work and Travel Pilot Program Approved for Irish Students
U.S. Deputy Secretary of State John D. Negroponte and Ireland Foreign Minister Micheál Martin signed a Memorandum of Understanding on an Intern Work and Travel Pilot Program for Irish students on September 24 in Washington, D.C. See
http://dublin.usembassy.gov/general/twelve-month-intern-work-and-travel-pilot-program.html
September 2008 - U.S. Immigration Cops Nab 595 In Largest-Ever Raid
U.S. immigration agents have arrested 595 people at a Mississippi factory in what was the largest workplace enforcement raid in the United States to date, an immigration official said on Tuesday.
For links to this and other stories see here:
http://www.ilw.com/immigdaily/digest/2008,0828.shtm#Headlines
September 2008 - Neufeld Memo on HIV Inadmissibility
USCIS Acting Associate Director, Domestic Operations Neufeld and Associate Director, Refugee, Asylum, & International Operations Directorate Scialabba released a joint memo stating that until further notice, someone with an HIV infection remains inadmissible under 212(a)(1)(A)(i) of the INA. See
http://www.ilw.com/immigdaily/news/2008,0829-scialabba.pdf
September 2008 - Rejected Birth Certificates
The Washington Post reports "The State Department is denying passports to people born in southern Texas near the border with Mexico if they were delivered by midwives, citing a history of birth certificate forgeries there for Mexican-born children dating to the 1960s, according to U.S. officials." See
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/08/AR2008090802623.html
September 2008 - DHS Issues Update on Pending FBI Name Checks
DHS issued an update on pending FBI name checks and stated that USCIS now anticipates naturalization application processing will average 10-12 months nationally by the end of September 2008.
September 2008 - Dual Citizenship
According to an Los Angeles Times news story, "As international business, travel and communications explode, a growing number of nations are allowing dual citizenship, and more immigrants are claiming it." See
http://www.latimes.com/news/printedition/california/la-me-dualcitizen11-2008sep11,0,5286678.story
September 2008 - ICE Arrests 51 at Palm Springs Bakery
ICE announced that 51 workers were arrested on immigration
violations at the Palm Springs Baking Company. See
http://www.ilw.com/immigdaily/news/2008,0915-baking.shtm
September 2008 - ICE Announces Increase In SEVP Fees
ICE published a final rule establishing a new fee structure for certain schools and international students and exchange visitors within the Student and Exchange Visitor Program (SEVP). See http://www.ilw.com/immigdaily/news/2008,0925-SEVP.pdf
September 2008 - Civics Test for American Citizenship Changes This Week
Starting this week, immigrants will have to show a deeper understanding of U.S. history and government if they want to become citizens. See http://www.mercurynews.com/ci_10573859
September 2008 - New Hope for Certain Legal Permanent Residents With Criminal Convictions
David A. Isaacson writes "Earlier this year, the United States Court of Appeals for the Fifth Circuit issued a decision that could make relief from removal available to many Legal Permanent Residents with criminal convictions who had previously been thought ineligible to receive such relief." See
http://www.ilw.com/articles/2008,0930-isaacson.shtm
August 2008 - Electronic System for Travel Authorization (ESTA) implemented
The Department of Homeland Security (DHS) recently announced implementation of the Electronic System for Travel Authorization (ESTA), which will begin to accept voluntary applications on August 1, 2008. ESTA is a new fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program (VWP). It is anticipated that ESTA will become mandatory for VWP travelers on January 12, 2009. See http://www.cbp.gov
August 2008: CBP Establishes Border Crossing Information System
U.S. Customs and Border Protection (CBP) gave notice that it is establishing a distinct System of Records, Border Crossing Information (BCI). BCI will receive and maintain border crossing information on travelers who are admitted or paroled into the United States
http://www.ilw.com/immigdaily/news/2008,0801-bci.shtm
August 2008: Homeland Security: All Your Laptops Belong To Us
Federal agents may take a traveler's laptop or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed.
For links to this and other stories see
http://www.ilw.com/immigdaily/digest/2008,0805.shtm#Headlines
August 2008: Government Contractors to verify Status of Workforce
The Bush Administration is forcing government contractors to verify the status of their work force with the flawed system. For links to this and other stories see:
http://www.ilw.com/immigdaily/digest/2008,0806.shtm#Headlines
August 2008: USCIS Updates Projected Naturalization Processing Times
USCIS announced that it anticipates naturalization application
processing will average 10-12 months nationally by the end of
September 2008 - a substantial improvement from its estimated
average processing time of 16-18 months first announced last year.
http://www.ilw.com/immigdaily/news/2008,0813-naturalization.pdf
August 2008: DOS Cable on Annual Update of Student and Exchange Visitor Issues
The Department of State published a cable providing an annual update of student and exchange visitor visa issues.
http://www.ilw.com/immigdaily/news/2008,0818-cable.shtm
August 2008: DOS Final Rule On Fingerprinting
The Department of State published notice of a final rule,
effective August 20, 2008, amending the Department of State's
regulations relating to the application for a nonimmigrant visa,
to generally require all applicants, with certain exceptions, to
provide a set of ten scanned fingerprints as part of the
application process.
http://www.ilw.com/immigdaily/news/2008,0821-fingerprinting.shtm
July 2008: USCIS Posts Re-entry Permits new requirements Q&A
On 7/9/08 USCIS released Q & As on the revised instructions to Form I-131, Application for Travel Document. The changes require applicants for re-entry permits and refugee travel documents to provide biometrics at a USCIS Application Support Center. See www.uscis.gov (Immigration Forms, I-131) for latest version of I-131 instructions.
July 2008: DOS Corrects Effective Date in Au Pairs Interim Final Rule
DOS issued a correction to an interim final rule on Au Pairs published on June 19, 2008. The published document contained an incorrect effective date.
http://www.ilw.com/immigdaily/news/2008,0701-correction.shtm
July 2008: USCIS Launches Online Service To Check Status Of FOIA Requests
USCIS announced that it has launched an online FOIA Request Status Check service providing customers a quick and secure way to check the status of requests they have made under the Freedom of Information Act (FOIA).
http://www.ilw.com/immigdaily/news/2008,0702-foia.pdf
July 2008: Most Immigrants Arrested For Traffic Offenses
Despite a perception that people being detained under an immigration enforcement program are felons and DWI offenders, most of the detainees are actually brought into county jails on traffic offenses. For links to this and other stories see here:
http://www.ilw.com/immigdaily/digest/2008,0708.shtm#Headlines
July 2008: USCIS Memo on Naturalization Interview Process Changes
Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, published a memo addressed to USCIS field leadership on the naturalization interview process changes. See http://www.ilw.com/immigdaily/news/2008,0714-neufeld.pdf
July 2008: Department of State Ending J-1 Program for Flight Schools
DOS announced that effective June 1, 2010 the Department will terminate the Exchange Visitor Program sponsor designations of all eight sponsors of flight training programs.
http://www.ilw.com/immigdaily/news/2008,0715-flightschools.shtm
July 2008: McDonald's Restaurants Owner to Pay $1 Million Fine after
Immigration Violation plea
Mack Associates Inc., which owns 11 local McDonald's restaurants
raided by immigration officials last September, pleaded guilty
Wednesday in federal court to felony charges of encouraging
illegal immigrants to remain in the United States. It will pay a
$1 million fine. For links to this and other stories see:
http://www.ilw.com/immigdaily/digest/2008,0718.shtm#Headlines
June 2008: The Department of Homeland Security (DHS) announces implementation of the Electronic System for Travel Authorization (ESTA)
The system, which will begin to accept voluntary ESTA applications starting on August 1, 2008 is a new fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program. ESTA applications may be submitted at any time prior to travel to the United States, and Visa Waiver Program (VWP) travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States. It is anticipated that ESTA will become mandatory for VWP travelers on January 12, 2009. See
http://travel.state.gov/visa/temp/without/without_1990.html
June 2008: Department of State Publishes Final Rule on Student Interns
DOS published a final rule creating a new subcategory of the College and University Student category called "Student Interns." See http://www.ilw.com/immigdaily/news/2008,0623-students.shtm
June 2008: Department of State Publishes Interim Final Rule on Au Pairs
DOS published an interim final rule that revises its regulations regarding Au Pairs. This rule is effective 30 days from July 21, 2008. See http://www.ilw.com/immigdaily/news/2008,0620-aupairs.shtm
June 2008: USCIS Issues 2-year Employment Authorization Documents
USCIS announced that beginning on June 30, 2008 it will issue Employment Authorization Documents (EAD) valid for two years. See http://www.ilw.com/immigdaily/news/2008,0616-ead.pdf
June 2008: Department of Homeland Security Publishes Notice on Electronic System for Travel Authorization (ESTA)
DHS published a notice on the Electronic System for Travel Authorization, to collect and maintain a record of nonimmigrant aliens who want to travel to the United States under
the Visa Waiver Program (VWP). See http://www.ilw.com/immigdaily/news/2008,0613-esta.shtm
June 2008: USCIS Offers Expedited Processing For Certain Alien Worker Petitions
USCIS announced that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status. See http://www.ilw.com/immigdaily/news/2008,0612-i140.pdf
June 2008: FBI Names Check System Seriously Flawed
The Washington Post reported that "The FBI system for checking the names of immigration applicants suffers from 'serious deficiencies' that have produced overwhelming backlogs and questions about the reliability of the information, an internal audit has found. The bureau's name checks have fallen victim to 'outdated and inefficient technology' as well as inadequately trained employees, according to a report issued yesterday by the Justice Department inspector general." See http://www.washingtonpost.com/wp-dyn/content/article/2008/06/09/AR2008060902359.html
June 2008: The Great Immigration Panic
A trenchant editorial by New York Times prophesies that the largest toll of an unjust immigration policy is the undercutting of our national identity itself. "Someday, the country will recognize the true cost of its war on illegal immigration. We don't mean dollars, though those are being squandered by the billions. The true cost is to the national
identity: the sense of who we are and what we value. It will hit us once the enforcement fever breaks, when we look at what has been done and no longer recognize the country that did it...
Every time this country has singled out a group of newly arrived immigrants for unjust punishment, the shame has echoed through history. Children someday will study the Great Immigration Panic of the early 2000s, which harmed countless lives, wasted billions of dollars and mocked the nation's most deeply held values." See http://www.nytimes.com/2008/06/03/opinion/03tue1.html
June 2008: Lawsuit against Optional Practical Training
Computerworld reports that H-1B visa opponents have filed a federal lawsuit challenging Bush administration's recent decision to extend the Optional Training Period for foreign IT students from 12 months to 29 months. "The suit, filed in U.S. District Court in Newark, N.J., by the Immigration Reform Law Institute and joined by The Programmers Guild and other groups, charges that the administration's decision in April to extend the work period for students under the Optional Practical Training provision is little more than an effort to get around the H-1B cap limit.
'They did this with absolutely no legal basis,' said John Miano, founder of The Programmers Guild in Summit, N.J. He said the federal extension will hurt U.S. workers who are seeking job training because it will divert training resources to foreign workers." See http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9091538
June 2008: Customs and Border Protection Will Issue New Frequent Traveler Cards
U.S. Customs and Border Protection announced it will issue new cards for current Secure Electronic Network for Travelers Rapid Inspection members starting June 3rd. See http://www.ilw.com/immigdaily/news/2008,0603-cbp.shtm
May 2008: Customs and Border Protection Announces Expedited Pilot Screening For International Travelers
CBP announced a pilot program designed to expedite the screening and processing of low-risk, frequent international "trusted" travelers entering the United States. See http://www.ilw.com/immigdaily/news/2008,0501-entry.shtm
May 2008: USCIS Approves New EB-5 Regional Center
USCIS announced the approval of the Los Angeles Film Regional
Center for Immigrant Investor Pilot Program. See http://www.ilw.com/immigdaily/news/2008,0505-EB5.pdf
May 2008: USCIS Announces Enhancements To E-Verify Program
USCIS announced that the E-Verify system has been enhanced to include naturalization data and real time arrival data from the Integrated Border Inspection System, with a view to decreasing the mismatch rate for naturalized citizens employed by employers using the E-verify program. See http://www.ilw.com/immigdaily/news/2008,0506-EVerify.pdf
May 2008: Immigration raids in Bay Area of San Francisco
11 El Balazo restaurants were raided. See http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/03/BA3610G940.DTL
May 2008: Applicants for Citizenship Take To the Courts to Force Action
Backlogs causing lawsuits
See http://www.washingtonpost.com/wp-dyn/content/article/2008/05/06/AR2008050602603.html
May 2008: U.S. Customs And Border Protection Inspector's Field Manual obtained through a FOIA action
See comment at http://www.ilw.com/articles/2008,0513-miller.shtm
May 2008: Immigration Reform under the Next U.S. President
Immigration advocates say the prospect of immigration reform under the next U.S. president is slim, but the way immigration plays out in the election could change the face of the Republican Party. See http://news.newamericamedia.org/news/view_article.html?article_id=c28559c36fba2d71007e0984c6652cdc
May 2008: H-1Bs: Still Not The Best And The Brightest
Norman Matloff for The Center for Immigration Studies writes "Most foreign tech workers, particularly those from Asia, are in fact not 'the best and the brightest." See http://www.ilw.com/articles/2008,0528-matloff.shtm
April 14, 2008: USCIS Runs Random Selection Process for H-1B Petitions
USCIS conducted computer-generated random selection processes on H-1B petitions, to select which H-1B petitions would continue to full adjudication for fiscal year 2009. See http://www.ilw.com/immigdaily/news/2008,0416-H1B.pdf
April 2008: USCIS Announces U Visa Update
USCIS announced that, until further notice, it will not terminate
interim relief for aliens who have not yet filed for U
nonimmigrant status, except in those cases where USCIS is aware
of adverse factors. See http://www.ilw.com/immigdaily/news/2008,0414-uvisa.pdf
April 2008: USCIS Reaches FY 2009 H-1B Cap – April 9, 2008
USCIS announced that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. See http://www.ilw.com/immigdaily/news/2008,0409-cap.pdf
April 2008: USCIS issued a memo on the eligibility for "U" nonimmigrant status.
See http://www.ilw.com/immigdaily/news/2008,0407-Ustatus.pdf
April 2008: USCIS Updates Projected Naturalization Case Processing Times
USCIS announced that it will finish more than one million naturalization cases during fiscal year 2008. See http://www.ilw.com/immigdaily/news/2008,0404-naturalization.pdf
April 2008: USCIS and FBI Announce Name Check Backlog Reduction Plan
USCIS and the FBI announced a joint plan to eliminate the backlog
of name checks pending with the FBI. See
http://www.ilw.com/immigdaily/news/2008,0404-namecheck.pdf
April 2008: DOS On Hague Convention Intercountry
Adoption
The Department of State released a media note describing the
changes to the U.S. intercountry adoption process as a result of the Hague
Convention. See http://www.ilw.com/immigdaily/news/2008,0403-hague.shtm
April 2008: USCIS released questions and answers related to the post-Hague
adoption convention implementation. See http://www.ilw.com/immigdaily/news/2008,0402-hague.pdf
April 2008: Litigation Challenging USCIS
FOIA Processing
A lawsuit has been filed in the Northern District of California
challenging the procedures employed by USCIS to implement the Freedom of
Information Act. See http://www.ilw.com/articles/2008,0401-Steinberg.shtm
March 2008: AILA Says It’s
Time to Address the Cap on H-1B Visas
For U.S. employers, April 1st marks the day that U.S. Citizenship
and Immigration Services (USCIS) begins accepting new H-1B visa
petitions for 2009. And once again, America's companies will be left in
the lurch as the sparse annual allotment of H-1B visas will be reached
on the first day.
March 2008: USCIS Interim Final Rule Prohibits Multiple H-1B Filings
On 3/24/08 USCIS published an interim final rule amending its regulations
governing H-1B petitions and prohibiting employers from filing multiple
H-1B petitions for the same employee. For various logistical reasons,
USCIS is accepting filings through April 7th, all of which will be placed
in a lottery system. See http://www.ilw.com/immigdaily/news/2008,0320-H1B.pdf
March 2008: USCIS Now Projects Shorter Naturalization Application
Processing Times
A 4/2/08 USCIS News Release announced that the agency is now
projecting a shorter average processing time for naturalization applications
than it was six months ago, shorter by 3 months, to an estimated 15 months
instead of the current 18. See
http://www.ilw.com/immigdaily/news/2008,0317-gonzalez.pdf
March 2008: ICE Issues Worksite Enforcement
Advisory
ICE released a worksite enforcement advisory to make employers
aware of significant fraud trends encountered by the law enforcement
community so that employers do not inadvertently facilitate acts of identity
theft within their own workforce. See
http://www.ilw.com/immigdaily/news/2008,0307-worksite.pdf
March 2008: USCIS Issues Revised Instructions For Travel Document
Effective Immediately
USCIS issued revised instructions for Form I-131, application for
travel document requiring applicants for re-entry permits and
refugee travel documents to provide biometrics at USCIS
Application Support Centers, effective March 5, 2008. See
http://www.ilw.com/immigdaily/news/2008,0306-biometric.shtm
March 2008: USCIS
News Release Announces Plan to Eliminate FBI Name Check Backlog
A 4/2/08 USCIS News Release announced a USCIS/FBI joint plan to
eliminate the backlog of name checks pending with the FBI.
March 2008: Fingerprints at JFK International Airport
DHS announced that it has begun collecting 10 fingerprints from
international visitors arriving at New York’s John F. Kennedy International
Airport.
February 2008: USCIS Issues Updated FBI Name Check QA
USCIS released an updated Q&A on FBI name checks. See
http://www.ilw.com/immigdaily/news/2008,0229-FBIcheck.pdf
February 2008: Recording Departure from the U.S. After The Fact
Cyrus Mehta writes "Since the U.S. does not yet have official exit
inspection checkpoints, a departing traveler is left to the mercy of the
airline official, who might not ask him or her to hand over the I-94 card." See http://www.ilw.com/articles/2008,0221-mehta.shtm
February 2008: Final Rule on Diversity
Immigrant (‘Green
card’ lottery) Visa Photo Requirement
The Department of State published notice of a final rule effective
February 11, 2008 revising the photo requirement as part of the application
process for a Diversity Immigrant Visa, to require that the photo be in
color. See
http://www.ilw.com/immigdaily/news/2008,0212-photo.shtm
February 2008: USCIS States Naturalization Backlog Will Take 3
Years to Clear
A February 15, 2008 Migration Policy Institute (MPI) article on
the naturalization adjudication backlog provides previously unpublished
figures on the number of N-400 applications received in the summer of 2007.
See http://www.migrationinformation.org/USfocus/print.cfm?ID=673
February 2008: USCIS Revises Name Check Policy
USCIS previously required that the FBI name check clearance be
obtained before any immigration benefits applications were approved,
regardless of the length of time required for the FBI name check approval.
USCIS issued a revised FBI name check policy. See http://www.ilw.com/immigdaily/news/2008,0208-namecheck.pdf
February 2008: CRS on Immigration Fraud
The Congressional Research Service released a report discussing
the policies, investigations, and issues related to immigration
fraud. See http://www.ilw.com/immigdaily/news/2008,0205-crs.pdf
January 2008: E-Verify System for Employers' Verification
of Newly Hired Employees to Be Improved
USCIS announced efforts to expand and improve contact services
for customers to obtain important information and assistance on
the E-Verify program.
See http://www.ilw.com/immigdaily/news/2008,0111-EVerify.pdf
January 2008: DOS Notice on Sharing Passport Records
The Department of State published a system of records notice
establishing new "routine uses" for sharing passport records outside
the Department of State.
See http://www.ilw.com/immigdaily/news/2008,0114-passport.shtm
January 2008: Updated CRS Report On Foreign Students In U.S.
The Congressional Research Service released an updated version of
its report on foreign students in the U.S.: policies and legislation.
See http://www.ilw.com/immigdaily/news/2008,0128-crs.pdf
January 2008: Naturalization Delays
January 17, 2008 - Emilio T. Gonzalez, Director,
USCIS,
testified before the House Judiciary Committee, Subcommittee
on Immigration, Citizenship, Refugees, Border Security and
International Law.
See http://www.uscis.gov/files/testimony/testimony_ETG_17jan08.pdf
Speed Of Naturalizations - Can't They Do More?
Alan Lee, Esq. writes "In reading over the testimony of
Director
Emilio T. Gonzalez of USCIS before Congress on January 17, 2008,
I am struck with the question, "Can't they do more?"
See
http://www.ilw.com/articles/2008,0128-lee.shtm
January 2008: President Bush Speaks On Immigration
during State of The Union
For immigration-related portions of President Bush's January 29,
2008 State of the Union address
See http://www.ilw.com/immigdaily/news/2008,0130-bush.shtm
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