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U.S. Immigration Newsletter

Volume IX, July 2nd, 2008

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U.S. IMMIGRATION NEWSLETTER  is the E-Newsletter regarding U.S. Immigration Laws, News & Issues compiled by GLOBAL LAW CENTERS on a Bi-weekly basis and special news issues are sent when important immigration news arises. It is a must reading for potential immigrants, employers and human resources managers. It provides analysis of the latest developments in U.S. immigration laws. Information provided in this newsletter is general information only and may not apply to any particular set of facts or situations.

Disclaimer. Readers are encouraged to consult a qualified immigration lawyer in order to obtain proper legal advice according to the case specific situation. The information provided in this newsletter is not legal advice or transmission of this information and receipt by you does not constitute, an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk. Readers should not act upon any information without first seeking advice from a qualified immigration attorney. To continue receiving this U.S. Immigration Newsletter via email, follow this link to subscribe. To Unsubscribe, please go to the end of this email and click the URL provided.

In this issue

1. DOL Announces PERM Statistics for FY2008

2. DOS issues changes to J-1 Student Intern Regulations

3. USCIS revises instructions on where to submit applications previously processed by its Tijuana Field Office

4. TSA Announces Enhancements to Airport ID Requirements to Increase Safety

5. Important Processing Times Updates for All Service Centers

6. Need Information from USCIS that you can’t find online? Visit our USCIS Memos!

CONSULTATION: GLOBAL LAW CENTERS (Toll free: 1-800-605-5801), assists in obtaining visas, permanent residence, and citizenship status, i.e., green cards, work permits and other non-immigrant visas on behalf of individuals, as well as for corporate, business, academic, scientific, governmental and non-profit clients. Successful immigration starts with a law firm solidly grounded in experience and commitment; a firm that both excels and understands the diverse needs of global clients. While Global Law Centers are experts in handling all aspects of employment-based and business immigration, we are also widely known as a firm willing to take on, and who successfully tackle, not just the ordinary, but the extraordinary situations that can arise.

At Global Law Centers, all our cases and clients are given continuous, full and individualized attention; communication is of the 'highest priority'; and we bring years of experience to each and every matter. Global Law Center takes pride in representing clients from all nationalities and locatations anywhere in the United States or abroad on employment based U.S immigration matters. Our philosophy is simple: we care about our clients. Please contact our office to schedule one time free consultation with no obligation. You will have an opportunity to speak in depth of your case with our office & discuss your immigration plans and alternatives.

1. DOL Announces PERM Statistics for FY2008

The U.S. Department of Labor (DOL) recently released PERM statistics for October 2007 through May 2008. So far the DOL has received approximately 61,800 PERM Applications. 58,800 of these were filed online and the remaining 3,000 were submitted through mail.

Of these PERM’s, 28,773 have been certified, 1,694 have been withdrawn, and 7,779 have been denied. The denials have been for a variety of reasons including small errors made on the forms. Thus, many of these cases were re-filed and may have been ultimately approved. The remaining cases are pending.

The top 5 states of intended employment for these permanent labor certifications were California (6,843), Texas (2,050), New York (1,998), New Jersey (1,750), Illinois (1,380), and Florida (1,228). Beneficiaries representing more than 150 different countries were certified for permanent employment in the U.S. The top 10 countries included India (8,127), China (1,809), South Korea (1,654), Philippines (1,631), Mexico (1,461), Canada (1,340), United Kingdom (482), Pakistan (442), Taiwan (441), and Brazil (382).

Knowing this information has helped the Department of Labor better assess local employer demands for talent and facilitate strategic partnerships with the business community.

2. DOS issues changes to J-1 Student Intern Regulations

In order to avoid limiting the opportunity of student internships to the private sector, the Department of State (DOS) published a proposed rule which sought to provide a program to allow American colleges or universities to conduct internship programs. Significant areas in the proposed regulations which have already taken place in the private sector internship program. The primary difference is that the student internship--as its name implies--is available only to students and not graduates.

To be eligible to participate in the new student internship sub-category, a foreign national must be a student currently enrolled in an accredited post-secondary academic institution outside the United States. A student intern may participate in a student internship program for up to 12 months at each degree level. For example, an exchange visitor could enter the United States to participate in a student internship program while pursuing the equivalent of a baccalaureate degree program. This intern could participate in an internship program in the United States for up to 12 months. This same individual could also participate in yet another student internship program for up to 12 months if he or she later pursues the next higher degree level (i.e., master's degree program). A student who changes majors at the baccalaureate level, and is pursuing a separate degree, may participate in an internship subsequent to an initial internship in the original field of study.

Foreign students may be selected to participate in the new student internship sub-category if they meet the following eligibility criteria: the post-secondary academic institution listed as the sponsor on the Form DS-2019 has accepted the individual into an internship program; and the student seeks to enter the United States to engage primarily in a student internship program, rather than to engage in employment or provide services to an employer. Furthermore, a student intern must be in good academic standing with the post-secondary academic institution at which he or she is currently enrolled. Finally, the student intern must return to his or her prior academic studies following completion of the student internship program and fulfill his or her degree requirements. Thus, students that have completed their degree requirements will not be eligible for the student intern program.

These new regulations address the obligations of a sponsor and any third party--either domestic or overseas--with whom the sponsor contracts to assist in the recruiting, selecting, screening, orienting, placing, training, or evaluating of its program participants. A written agreement with third parties outlining the full relationship between the parties on all matters involving the Exchange Visitor Program and the student internship is specifically required. For program integrity, third parties must provide their Dun & Bradstreet identification numbers, which will assist sponsors with their screening and vetting of all third parties with whom they have entered into a required written agreement.

Sponsors will be required to ensure that host organizations are legitimate entities, are appropriately registered or licensed to conduct their business, and possess and maintain the ability and resources to provide structured and guided work-based experience according to individualized. In some instances, a sponsor may be required to conduct an on-site visit of a host organization's facility. In vetting a potential host organization, a sponsor must collect sufficient evidence to support its finding that the potential host organization meets the standards necessary for a sponsor to properly place participants with them.

For each student internship, a sponsor must set forth the goals and objectives of the internship; the student internship program details (location, contact information, number of hours per week of work and compensation, (if any) a description of the supervision the intern will receive, and the dates of the student internship program); a description of how the student internship program will enhance the student intern's educational program at his or her home institution; and a determination as to whether and to what extent the student intern has previously taken part in a student internship program in the United States.

Finally, to ensure program quality, a sponsor must take necessary steps to ensure that they are compliant with these regulations and that the student intern's program was effective, appropriate, and achieved its stated goals and objectives.

This Final Rule permits a student intern to engage in full-time employment during the internship program as outlined, with or without wages or other compensation. Employment is not required for participation in the program. A student intern may be employed, however, only with the approval of the responsible officer and the student's home institution's dean or academic advisor.

These regulations prohibit a sponsor from placing a student intern in an unskilled or casual labor position, in a position that requires or involves child care or elder care, in a position in the field of aviation, or in any kind of position that involves patient care or contact. Finally, a sponsor must not place a student intern in a position that involves more than 20 percent clerical work.

3. USCIS revises instructions on where to submit applications previously processed by its Tijuana Field Office

The U. S. Citizenship and Immigration Services (USCIS) announced that they have revised the instructions on where to submit applications previously processed by its Tijuana Field Office. The Tijuana Field Office is closing on July 3, 2008 and to prepare, the agency stopped accepting the following applications and transferred responsibilities as reflected below.

Petition to Classify Alien as an Immediate Relative, (Form I-130). The last date USCIS accepted the application was June 20, 2008. After that date, applicants should submit applications to the USCIS Mexico City District Office.

Petition to Classify Orphan as an Immediate Relative, (Form I-600). The last date USCIS accepted the application was June 20, 2008. After that date applicants should submit applications to the USCIS Mexico City District Office.

Application for Advance Processing of Orphan Petition, (Form I-600A/I-800A). The last date USCIS accepted the application was June 20, 2008. After that date, applications should submit applications to the USCIS Ciudad Juarez Field Office.

Abandonment of Lawful Permanent Resident Status (Form I-407). The last date USCIS will accept the application is July 1, 2008. After that date, the U.S. Department of State will process and send the Form I-407 and documents to the USCIS in Mexico City for destruction system updates.

4. TSA Announces Enhancements to Airport ID Requirements to Increase Safety

The TSA announced this month that beginning Saturday, June 21, 2008 passengers that willfully refuse to provide identification at a security checkpoint will be denied access to the secure area of airports. This change will apply exclusively to individuals that simply refuse to provide any identification or assist transportation security officers in ascertaining their identity.

This new procedure will not affect passengers that may have misplaced, lost or otherwise do not have ID but are cooperative with officers. Cooperative passengers without ID may be subjected to additional screening protocols, including enhanced physical screening, enhanced carry-on and/or checked baggage screening, interviews with behavior detection or law enforcement officers and other measures.

This announcement seems to be rather redundant as almost all airports require passengers to show evidence of a boarding pass along with identification in order to get past the security checkpoint. Long before this announcement, federal regulations have prohibited non-ticketed persons beyond passenger security screening at all U.S. airports.

5. Important Processing Times Updates for All Service Centers

USCIS has updated the processing dates for VSC, TSC, NBC, CSC, and NSC. Visit our website at www.globallawcenters.com where you can find all the links to these updates!

6. Need Information from USCIS that you can’t find online? Visit our USCIS Memos!

Need information about recent USCIS changes? Visit our website at www.globallawcenters.com where you can find USCIS Press Releases and Memos addressing topics about New USCIS procedures, H-1B Caps, Fee Changes, and much more!


Copyright © 2008, GLOBAL LAW CENTERS. All rights reserved.

The information contained in GLOBAL LAW CENTERS U.S IMMIGRATION NEWSLETTER is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this newsletter should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our newsletter will educate you and hopefully enhance your understanding of Immigration laws. To read more information please visit GLOBAL LAW CENTERS website.


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