Latest Immigration News Update!

13th June, 2008 - H1B update!
The American Immigration Lawyers Association (AILA) has received information from USCIS that all H1B receipts have been issued for those cases selected in the random lottery, mailing of these receipts were actually completed on May 24th, 2008. So, it's a pretty safe bet that if you haven't received a receipt notice by now, your petition was not selected in the H1B lottery. USCIS will begin to mail out rejection notices this week.

11th June, 2008 - Premium Processing Reinstated for certain I-140 petitions
U.S. Citizenship & Immigration Service (USCIS) announced today that it will begin accepting premium processing requests (on Form I-907) for certain I-140s (Immigration Petitions for Alien Workers).

Here are the conditions:

* The foreign worker is currently in H1B nonimmigrant status; and
* Will reach the 6th year of his or her nonimmigrant stay in 60 days; and
* Is only eligible for a further H1B extension under AC21S.104(2) which permits applicants to extend their H1B status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available; and
* Is ineligible to extend his or her H1B status under AC21S.106(a)3 which permits extension of H1B status in increments of up to one year when the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

Service will begin on June 16, 2008. View the USCIS Announcement and Fact Sheet.

11th June, 2008 - Chertoff announces 2 year EADs
As part of the Joint Press Release by Homeland Security Michael Chertoff and Department of Commence Secretary Guiterrez, Chertoff announced:

"we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of stauts to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications
are granted employment authorization documents with only a one year maximum validity.

Begining later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year."

During their State of Immigration Address, Chertoff and Guiterrez also gave progress reports on: border fence construction progress, the increase in border patrol agents, REAL ID, E-Verify, and proposed reforms to the H1B and H2B temporary worker programs, to name a few. For details, read the complete Press Release.

10th June, 2008 - July 2008 Visa Bulletin Released
Today the U.S. Department of State (DOS) released the July 2008 visa bulletin. The 2nd preference employment-based category remains "current" for all countries EXCEPT China and india, where cut-off dates remain stuck at April 1st, 2004. The 3rd preference employment-based category for skilled workers is now "unavailable" and will remain so until the end of the fiscal year 2008 (September 20, 2008). The family-based 2A category for Mexico is also "unavailable" and will remain so until the end of the fiscal year.

9th June, 2008 - President orders all employers doing business with the government to use E-Verify
President Bush issued an executive order Friday, which the White House announced today, ordering all federal contractors and others who do business with the federal government to use the E-Verify system, an electronic system to verify that the workers are eligible to work in the U.S.
Controversy has surrounded the efficiency of this internet-based employment eligibility system. To learn more, visit the Department of Homeland Security E-verify site.

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.