27th May, 2008 - USICS releases supplemental Q&As - OPT Extension for STEM students & cap-gap relief
On April 4, 2008, United States Citizenship & Immigration Service (USCIS) issued an interim final rule extending the period of Optional Practical Training (OPT) for qualified F-1 students who have degrees in Science, Technology, Engineering and Mathematics [STEM fields] from 12 to 29 months. The rule also provided a "cap gap" provision for all students with pending H1B cap-subject petitions. An initial set of Q&As followed. USICS now has released a supplemental and more specific group of Q&As, which can be viewed here.
23rd May, 2008 - USCIS is revising I-751 filing instructions
United States Citizenship and Immigration (USCIS) has announced that it will soon be revising the filing instructions for the Form I-751, Petition to Remove Conditions on residence. Petitioners will soon be required to file either with the California or Vermont Service Centers, depending on their state of residence.
Link to view the entire USCIS announcement
13th May, 2008 - June 2008 Visa Bulletin released
The Department of State (DOS) has released the latest Visa Bulletin for June 2008. This month's bulletin shows some positive movement for applications born in China and India, with EB-2 moving ahead three months. Link to the DOS website to view the June 2008 visa bulletin.
7th May, 2008 - USCIS announces E-Verify changes
U.S. Citizenship and Immigration Services (USCIS) announced a 3-part improvement plan to the E-Verify employment authorisation program that focuses on reducing mismatch rates for naturalized U.S. citizens.
Effective immediately, the E-Verify system will now include naturalization data, helping instantly confirm the citizenship status of naturalized U.S. citizens. Additionally, a naturalised citizen who receives a citizenship mismatch with SSA can call USCIS directly to resolve the issue.
Secondly, E-Verify will now include real time arrival data from the Integrated Border Inspection System, reducing the number of mismatches for newly arriving workers who have entered the country legally.
And finally, USCIS plans to initiate the sharing of citizenship status records with SSA and the Department of States passpost records to further help prevent tentative nonconfirmations from occuring.
Link to the USCIS Announcement.
On a related note, the Subcommittee on Social Security of the House Ways & Means Committee held a hearing on E-Verify yesterday. Testimony is available online.
7th May, 2008 - New CSPA released
A 5/5/08 U.S. Citizenship & Immigration Service (USCIS) Update announced the issuance of revised guidance, modifying an earlier interpretation of the Child Status Protection Act (CSPA), by extending coverage to foreign nationals with an approved visa petition, but without a pending adjusting application on the date of the CSPA's enactment.
The CSPA amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a "child," even if he or she reached the age of 21. USCIS has revised its guidance of certain provisions of the CSPA. For details, see USCIS Update, USCIS Fact Sheet, Neufeld Memorandum
5th May, 2008 - USCIS proposes 3 year TN periods of stay
U.S. Citizenship & Immigration Service (USCIS) announced this week that it is publishing a Notice of Proposed Rulemaking (NPRM) to increase the maximum period of admission for a TN (NAFTA) professional worker from Canada or Mexico from 1 to 3 years.
This proposed rule will soon appear in the Federal Register and there will be a 30 day public comment period before the rule takes effect. For details, see USCIS Announcement
1st May, 2008 - House hearing on wasted visa numbers & backlogs
On Wednesday, 04/30/2008, the U.S. House of Representatives heard from top U.S. Citizenship & Immigration (USCIS) and Department of State (DOS) officials regarding the usage of visa numbers and the long processing times.
You can view the witness list and a video webcast of the hearing here.
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