|  News & Current Issues
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
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: USCIS Hiring Surge
USCIS is engaged in a nation-wide effort to recruit and train hundreds of new employees who will help tackle the agency's mountainous backlog of cases. "Since October, the agency has added 830 adjudication officers to its ranks, bringing the total working at immigration offices nationwide to 3,775. Another 590 are expected to be trained by the end of the year". See http://ap.google.com/article/ALeqM5gFx9B8DoFPvji--ACMRCAeGnge7wD91U66RO0
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
May 2008: More Than 300 L.A.-Area Arrests Made In Crackdown On Immigration Violations
In California, the three-week operation led to the arrest of more than 900 immigrants, most of whom committed crimes, ignored deportation orders or returned to the U.S. after removal, officials say. See http://www.latimes.com/news/local/la-me-immig27-2008may27,0,2592588.story
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
December 2007: USCIS Reminds Employers
To Use New I-9 Form
After December 26, 2007, employers who fail to use the new Form I-9
may be subject to all applicable penalties.
See http://www.uscis.gov/portal/site/uscis/
menuitem.5af9bb95919f35e66f614176543f6d1a/
?vgnextoid=3c5856fad2817110VgnVCM1000004718190aRCRD
December 2007: USCIS Releases Latest H Visa Cap Count
See http://www.ilw.com/immigdaily/news/2007,1210-h2b.shtm
November 2007: USCIS Handbook for Employers
USCIS announced that it has issued a revised Form I-9, Employment
Eligibility Verification, and M-274, Handbook for Employers, and
Instructions for Completing the Form I-9.
See http://www.ilw.com/immigdaily/news/2007,1127-Employer.pdf
November 2007: J-1 Exchange Visitors Employed By Foreign Employers
Paula N. Singer, Esq. writes "Special income tax rules apply to J-1 Exchange Visitors who receive pay from a foreign employer."
See
http://www.ilw.com/articles/2007,1102-singer.shtm
November 2007: DHS announces 10-Fingerprint Collection
DHS announced on Thursday, November 29, 2007, that it had begun 10-fingerprint collection from international visitors at Dulles International Airport in Washington, DC. This fact sheet gives additional details about the program and indicates that 10-fingerprint collection will soon start at other airports across the country.
November 2007: Changes in FBI Name Check Clearance Process Announced
DHS Secretary Chertoff has indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months.
November 2007: State Department Publishes Final Passport Rule
The State Department published a final passport rule on November 19, 2007. The rule reorganizes, restructures, and updates passport regulations and becomes effective February 1, 2008. For further information contact: Consuelo Pachon, Office of Passport Policy, (202) 663-2662.
|
