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Recent Immigration News - 2007



Current Year | 2007


December, 2007



12/31/2007DOS Publishes Final Rule on Increased Security Measures DOS published this final rule addressing increased security measures requiring fingerprinting and name checks of all visa applicants. The rule also includes the cost of such checks in fees for non-immigrant and immigrant visas and border crossing cards. (72 FR 74174, 12/31/07).  more

12/28/2007BIA Rules That A State Conviction Based on Recidivism Will Not Automatically Be Considered an Aggravated Felon. Absent controlling authority on “recidivist possession”, alien’s state conviction for simple possession of controlled substance won’t be considered aggravated felony based on recidivism unless alien’s recidivist drug offender status was admitted by alien or determined by a court. Matter of Jose Anget Carachuri-Rosendo, 24 I&N Dec. 382 (BIA 2007).  more

12/28/2007Traveling Safely With Batteries and Battery-Powered Devices This advisory from SafeTravel.dot.gov discusses the new rules which apply to the spare lithium batteries travelers carry onto aircraft in case the battery in a device runs low.  more

12/28/2007USCIS Website Pamphlet for Employers on Use of E-Verify USCIS’ website pamphlet for employers on use of E-Verify.  more

12/28/2007Documenting Timely Departures from the U.S. An applicant for admission or adjustment of status may be required to prove that he or she did not overstay a period of authorized admission - often a challenge given CBP's lack of an accurate and consistent mechanism for collecting I-94s upon departure from the U.S. This document provides strategies for these situations.  more

12/21/2007Availability Remains on H-2B Cap for 2nd Half of FY 08 (Updated 12/21/07) USCIS has updated the nonimmigrant visa cap count page on its website. The H-2B cap for the second half of fiscal year 2008 has reached 17,488 as of 12/17/07.  more

12/21/2007Holiday ClosingsThe Federal government, including immigration-related offices, will be closed on Monday and Tuesday, Dec. 24 and 25, 2007, as well as Tuesday, Jan. 1, 2008.  more

12/21/2007DOS Posts National Visa Center - Appointment Post ListDOS posted a list of National Visa Center appointment posts on its website.  more

12/21/2007DOL Assistant Secretary DeRocco ResignsDOL Assistant Secretary DeRocco Resigns.  more

12/18/2007DOL Announces Backlog FAQs Round 8The DOL’s Office of Foreign Labor Certification recently made available Round 8 of the Backlog Elimination Frequently Asked Questions.  more

12/17/2007USCIS Update on Service Center and Lockbox ReceiptingA USCIS Update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 12/14/07.  more

12/17/2007New Jersey District Court Holds Widow Remains “Immediate Relative” The District Court of New Jersey agreed with the Ninth Circuit’s interpretation of INA Sec. 201(b)(2)(A)(I) in Freeman v. Gonzales holding that I-130 beneficiary remains an “immediate relative” after death of petitioning spouse. Robinson v. Chertoff, No. 06-5702, 2007 U.S. Dist. LEXIS 34956 (D.N.J. May 14, 2007) (unpublished).  more

12/16/2007H-2B FAQs – Round II On 12/12/07 DOL’s Office of Foreign Labor Certification released H-2B FAQs – Round II.  more

12/14/2007Availability Remains on H-2B Cap for 2nd Half of FY 08 (Updated 12/14/07) USCIS has updated the nonimmigrant visa cap count page on its website. The H-2B cap for the second half of fiscal year 2008 remains unreached as of 12/10/07.  more

12/14/2007DOS Media Note: Non-Immigrant Visa Fee Increase On December 13, 2007, DOS announced that application fees for non-immigrant visas will increase on January 1, 2008. This increase applies both to non-immigrant visas issued on machine-readable foils in passports and to border crossing cards issued to certain applicants in Mexico.  more

12/14/2007DHS Releases REAL ID Grant Guidance On December 13, 2007, DOS DHS announced that it has released guidance and application kits for two grant programs to assist states in preparing for REAL ID implementation.  more

12/13/2007I-551 Update: USCIS Reviews Comments to Proposed Rule; I-551 Remains Valid This USCIS press release indicates that USCIS is reviewing comments submitted regarding the proposed rule which would require lawful permanent residents to replace permanent resident cards (Form I-551) with no expiration date. The update indicates that I-551s remain valid.  more

12/13/2007Border Crossing Card Holders Can Apply Early for an I-94 Card at San Ysidro and Otay Meta CBP announced that Mexican border crossing cardholders can apply early for an I-94 card at the San Ysidro and Otay Meta ports of entry during the holiday season.  more

12/13/2007Border Crossing Card Holders Can Apply Early for an I-94 Card at Calexico CBP announced that Mexican border crossing cardholders can apply early for an I-94 card at the Calexico port of entry during the holiday season.  more

12/13/2007U.S. Ratifies the Hague Convention on Intercountry Adoption On 12/12/07 DOS announced that the U.S. ratified the Hague Convention on Intercountry Adoption. Its provisions will govern intercountry adoption between the U.S. and other Convention member countries beginning 4/1/08.  more

12/12/2007Visa Bulletin for January 2008 DOS released the January 2008 Visa Bulletin. Section D discusses retrogression for nationals of certain countries.  more

12/12/2007USCIS Releases Statement on Validity of I-551 Cards without Expiration Dates On 12/11/07 USCIS released a statement confirming the continuing validity of I-551 cards without an expiration date.  more

12/06/2007USCIS Updates Task Force on New Americans Fact Sheet On 12/6/07 USCIS released an updated Fact Sheet on the Task Force on New Americans. Minor additions have been made to sections discussing civics education training conferences and a USCIS publication for immigrant visa recipients.  more

12/06/2007Stakeholder/USCIS Q & As (12/4/07) The Q & As address I-192s and fee waivers, NTAs, regs. for adjustment from U and T status, EADs for Liberians with TPS, a change of address when an application is unreceipted, use of previously captured biometric data, religious workers, receipting delays for N-400s, material support, translator SIV visas, asylee adjustments and other matters.  more

12/06/2007USCIS Announces Addition of New Training Facilities On 12/5/07 USCIS announced the integration of three new training facilities, increasing the agency’s capacity for new employee training.  more

12/05/2007US-Visit Brochure This USCIS US-Visit brochure provides foreign travelers with information about US-Visit procedures and biometric collection at ports of entry.  more

12/05/2007DHS Fact Sheet on Enhanced Driver’s Licenses On 12/5/07 DHS released a Fact Sheet describing the agency’s efforts to develop alternative documents to meet WHTI requirements at land and sea ports of entry, including encouraging states to submit proposals for enhanced driver’s licenses.  more

12/05/2007US-Visit Fact Sheet This fact sheet describes the purpose behind US-Visit: Benefits for International travelers, Benefits for Immigration, Benefits for terrorism detection and prevention, and Safeguarding privacy and the environment.  more

12/05/2007Secretary Chertoff Issues Statement on No-Match Appeal On 12/5/07 DHS Secretary Chertoff released a statement following an appeal filed by the agency on the injunction against the No-Match Rule in the Northern District of California.  more

12/05/2007Atlanta Immigration Court to Relocate On 12/4/07 EOIR announced that the Atlanta Immigration Court is moving to a new location. The court will be closed for several days prior to reopening at the new site.  more

12/05/2007Lawsuit Filed to Speed Natz Application Adjudications Delayed Because of FBI Name Checks On 12/4/07 the National Immigration Law Center (NILC) issued a press release on the lawsuit filed by ACLU of Southern California, NILC, the Asian Pacific American Legal Center and Munger, Tolles & Olson requesting enforcement of the time limits on name checks for naturalization applicants.  more

12/05/2007DOL TEGL Advises SWAs of Grant Allocations under Budget Resolution This Training and Employment Guidance Letter from the DOL’s Office of Foreign Labor Certification advises State Workforce Agencies of their Alien Labor Certification grant allocations under the FY 2008 Continuing Budget Resolution.  more

12/03/2007DOS Announces Diversity Visa Lottery Results for FY 2008 DOS announced that the winners of DV-2008 diversity lottery have been registered and notified. The announcement provides a statistical breakdown of the lottery winners by foreign state chargeability.  more

12/03/2007DHS Issues Reminder of New WHTI Requirements in 2008 On 12/3/07 DHS issued a reminder that beginning on 1/31/08 adult travelers will be required to present proof of citizenship and proof of identity when entering the U.S. at land and sea ports-of-entry.  more

12/03/2007USCIS Update on Service Center and Lockbox Receipting A USCIS Update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 11/30/07.  more


November, 2007



11/30/2007I-130s To Be Filed With the Chicago Lockbox USCIS announced that starting December 3, 2007, all applicants filing stand-alone Form I-130s are encouraged to file their petitions with the Chicago Lockbox instead of a USCIS Service Center.  more

11/30/2007DHS Announces 10-Fingerprint Collection DOS posted an article by a USINFO staff writer to its website on the record number of student and exchange visitor program visas issued in 2007.  more

11/28/2007DOS Posts Article on Record Number of Student Visas Issued in FY 07 DOS posted an article by a USINFO staff writer to its website on the record number of student and exchange visitor program visas issued in 2007.  more

11/28/2007ICE Posts Information for Families of El Salvadoran Detainees ICE posted guidance on its website for attorneys and family members of El Salvadorans in custody.  more

11/28/2007USCIS Update on Service Center and Lockbox Receipting A USCIS Update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 11/23/07.  more

11/27/2007Unpublished AAO Decision on Outstanding Professor/Researcher The administrative appeals office found that satisfying two of the six criteria in 8 CFR §204.5(i)(3)(i) is sufficient to establish that an alien is an outstanding professor or researcher under INA § 203(b)(1)(B). This is an unpublished decision.  more

11/26/2007California Service Center Processing Time Report (11/14/07) CSC Processing Time Report (11/14/07).  more

11/26/2007National Benefits Center Processing Time Report (11/14/07) NBC Processing Time Report (11/14/07).  more

11/26/2007Nebraska Service Center Processing Time Report (11/14/07) NSC Processing Time Report (11/14/07).  more

11/26/2007Vermont Service Center Processing Time Report (11/14/07) VSC Processing Time Report (11/14/07).  more

11/26/2007Texas Service Center Processing Time Report (11/14/07) TSC Processing Time Report (11/14/07).  more

11/26/2007AAO Finds Extreme Hardship in I-601 Waiver In a non-precedent decision, AAO sustains the appeal of a denial of a waiver of 212(a)(9)(B)(v) inadmissibility, finding that the emotional and financial hardship to the applicant's spouse cumulatively amount to extreme hardship.  more

11/25/2007USCIS Provides Date of Transition to New Employment Eligibility Verification Form CIS announced on November 23, 2007, that the Federal Register Notice providing information on when the revised Form I-9 must be used by employers will be published on November 26, 2007.  more

11/25/2007DOS Cable “Accessing NIV Petition Information Via the CCD” DOS cable instructs posts on Implementation of Petition Information Management Service (PIMS).  more

11/19/2007USCIS Update on Service Center and Lockbox Receipting (11/16/07) A USCIS update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 11/16/07.  more

11/16/2007DOS Issues Record Number of Visas to Foreign Students On 11/16/07 DOS announced that it has issued a record number of visas to foreign students in FY 07, for study in the United States.  more

11/14/2007Visa Bulletin for December 2007 DOS has posted the December 2007 Visa Bulletin on its website. Section D provides projections on employment-based visa availability over the coming months for China and India.  more

11/15/2007New Immigration Procedures for Visitors to Japan This document outlines new security requirements in effect for visitors to Japan.  more

11/15/2007Stakeholder/USCIS HQ Q & As October 30, 2007 These October 30, 2007, Q & As address Cuban parolees, religious worker case site visits, refugee travel documents, fee waivers, mismatch A numbers on I-485 receipts, waiver applications at the Mexico City District office, re-submission due to fee rejection, and more.  more

11/15/2007DOL Issues Change 1 to TEGL Clarifying Procedures for H-2A Labor Certification Applications This document updates a TEGL issues on 11/6/07. Changes have been made to language regarding worksites crossing jurisdictional boundaries and recruitment.  more

11/14/2007USCIS News Release on Veteran's Day Naturalization Ceremonies USCIS held Veteran’s Day naturalization ceremonies for 253 service members in Iraq, Kuwait and Afghanistan. The 11/14/07 News Release includes remarks by USCIS Director Gonzalez and DHS Secretary Chertoff.  more

11/13/2007ICE Provides Phone Number for Family Members of San Pedro Detainees Following the closure of the San Pedro Detention Center, and the relocation of detainees, ICE has provided a phone number on its website to be used by detainee family members and attorneys.  more

11/12/2007USCIS Update on Service Center and Lockbox Receipting (11/9/07) A USCIS update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 11/9/07.  more

11/09/2007Sign-On Letter from 19 Senators to DHS Secretary Chertoff Sign-on letter from 19 Senators to Department of Homeland Security Secretary Michael Chertoff applauding his commitment to pursue potential administrative reforms to the H-1B visa program, and urging the DHS to extend the Optional Practical Training (OPT) period permitted to foreign students from 12 to 29 months.  more

11/09/2007USCIS Revises Announcement and Fact Sheet for Revised Form I-9 On November 8, 2007, USCIS revised its November 7, 2007, announcement and Fact Sheet regarding the new employment verification form I-9. The revision includes a brief explanation on when employers must begin using the form, and explains the transition period for use of the revised form I-9.  more

11/08/2007Active Approved EB-5 Regional Centers USCIS recently provided this list of active approved EB-5 regional centers as of October 2007.  more

11/08/2007New Employer Handbook for I-9 Completion Link to USCIS' new edition of Form M-274, the Handbook for Employers (Instructions for Completing Form I-9 Employment Verification).  more

11/07/2007Revised Form I-9 USCIS requests use of this recently released revised Form I-9.  more

11/07/2007USCIS Announces Revised Form I-9 On 11/7/07 USCIS announced that a revised Employment Eligibility Verification Form (I-9) is available for use. A Fact Sheet follows the USCIS Update.  more

11/07/2007DOL TEGL Clarifies Processing Procedures for H-2A Labor Certification Applications This 11/6/07 Training and Employment Guidance Letter (TEGL) clarifies procedures with regard to filing; recruitment, including verification of employment eligibility; and housing.  more

11/07/2007DHS Fact Sheet on Border Security and Immigration Enforcement On 11/6/07 DHS released a Fact Sheet on border security and immigration enforcement, which addresses Border Patrol and ICE enforcement operations, as well as E-Verify and no-match letters.  more

11/07/2007DOL Announces Backlog FAQs “Round 7” The DOL’s Office of Foreign Labor Certification recently made available Round 7 of the Backlog Frequently Asked Questions.  more

11/07/2007USCIS Update on Service Center and Lockbox Receipting (11/1/07) A USCIS update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 11/1/07.  more

11/06/2007USCIS Publishes Final Rule on Travel for H and L Nonimmigrants This final rule removes the requirement that certain H and L nonimmigrants returning from travel abroad must present an I-485 receipt notice at a port of entry to avoid having the adjustment application deemed abandoned. The rule is effective on 11/1/07.  more


October, 2007



10/30/2007Remarks of DHS Secretary Chertoff and Governor Spitzer on Changes to NY Driver's Licenses New York State announced changes to its licensing system. It will issue three classes of licenses: one for border crossing purposes under WHTI, one for federal purposes in compliance with REAL ID, and one for non-federal purposes.  more

10/29/2007USCIS Update on Service Center and Lockbox Receipting (10/26/07) A USCIS update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 10/26/07.  more

10/24/2007USCIS Update on Service Center and Lockbox Receipting (10/19/07) A USCIS update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 10/19/07.  more

10/23/2007Administrative Appeals Office Processing Time Report (8/29/07) AAO Processing Time Report (8/29/07).  more

10/23/2007Vermont Service Center Processing Time Report (10/15/07) VSC Processing Time Report (10/15/07).  more

10/23/2007National Benefits Center Processing Time Report (10/15/07) NBC Processing Time Report (10/15/07).  more

10/23/2007California Service Center Processing Time Report (10/15/07)) CSC Processing Time Report (10/15/07).  more

10/23/2007Nebraska Service Center Processing Time Report (10/15/07) NSC Processing Time Report (10/15/07).  more

10/16/2007USCIS Reminds Applicants to Apply Early for Travel Documents On 10/16/07 USCIS issued an Update reminding applicants to apply for travel documents before the end of October if they are planning to travel abroad during the holiday season.  more

10/12/2007USCIS FAQ V2 on Receipting Delays (10/12/07) On 10/12/07 USCIS issued an FAQ with new and revised questions and answers about the receipting delays. This FAQ follows the FAQ on receipting delays previously posted on the USCIS website.  more

10/12/2007USCIS Issues TPS Reminder to Salvadorans On 10/12/07 USCIS issued an Update reminding nationals of El Salvador eligible for TPS to file a re-registration application by 10/22/07.  more

10/12/2007Updated Texas Service Center Processing Time Report (9/15/07) USCIS has issued an updated Texas Service Center Processing Time Report for 9/15/07, which includes the processing timeframe for I-140s.  more

10/12/2007USCIS Update on Service Center and Lockbox Receipting (10/5/07) A USCIS update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 10/5/07.  more

10/09/2007Visa Bulletin for November 2007 The Visa Bulletin for November 2007 has been posted on the DOS website.  more

10/02/2007USCIS FAQs on Receipting Delays On 9/28/07 USCIS posted answers to frequently asked questions regarding receipting delays.  more

10/01/2007DOL Announces that the Permanent Labor Certification Backlog Has Been Eliminated  more

10/01/2007USCIS Reaches H-2B Cap for First Half of FY 2008  more

10/01/2007USCIS Update on Service Center and Lockbox Receipting  more


September, 2007



09/27/2007USCIS Announces New Filing Address for Humanitarian Parole Applications On 9/26/07 USCIS announced a new filing address for humanitarian parole applications.  more

09/27/2007USCIS Announces New Naturalization Test On 9/27/07 USCIS announced the 100 questions and answers that comprise the civics component of the new naturalization test to be administered beginning 10/08. The new 100 questions and answers and FAQs follow the Press Release.  more

09/26/2007Miscommunication Between Employer and SWA Decided Against Employer Concluding that the CO is not bound by SWA statements, BALCA rejects an employer's misunderstanding of SWA instructions as an excuse for insufficient advertisement. The Lucky Horse holding regarding a language requirement to manage a non-English-speaking workforce also is reconfirmed. Matter of Malnati Organization, 2007-INA-00035-52 (9/24/07).  more

09/26/2007Wrong Certifying Office on Posting Not Fatal to PERM Application Limiting its decision to the specific facts, BALCA finds that putting the address of the NY certifying office, rather than the Atlanta Processing Center, on the posting should not result in denial of the PERM application, where the NY office was still open at the time of the posting. Matter of Brooklyn Amity School, 2007-PERM-00064 (9/19/07).  more

09/26/2007Employer Must Choose Between Readvertising and Defending Job Requirement BALCA rejects an offer to delete from an RIR conversion application a requirement that the beneficiary met through experience gained on the job, and readvertise under supervised recruitment. It found that the employer's defense of infeasibility was inconsistent with an offer to readvertise. Matter of Rigo Industries, 2007-INA-00020 (9/18/07).  more

09/25/2007BALCA Finds Failure to Answer J-13 Fatal BALCA concludes that the CO was correct in denying a PERM application for failure to answer Form 9089 section J-13, regarding the year the beneficiary's education was completed. Matter of Spectrum Foods, Inc., 2007-PER-00037 (6/27/07).  more

09/25/2007BALCA Addresses Use of Kellogg Language In a case involving possible alternative experience requirements, BALCA addresses the need for the "magic language" from Matter of Francis Kellogg with respect to "any suitable combination of education, training or experience." Matter of Demos Consulting Group, 2007-PER-00020 (5/16/07).  more

09/24/2007USCIS Update on Service Center and Lockbox Receipting (9/21/07) A USCIS update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 9/21/07.  more

09/22/2007Neufeld Memo on Form N-648, Medical Certification for Disability Exceptions A 9/18/07 Memo from Donald Neufeld, Acting Deputy Associate Director for Domestic Operations, USCIS, explains review standards in the adjudication of Form N-648, Medical Certification for Disability Exceptions.  more

09/21/2007USCIS Fact Sheet and Q & As Announce Deferred Enforced Departure for Liberians with TPS On 9/13/07 USCIS announced that President Bush issued a memorandum directing DHS to defer the enforced departure of any qualified Liberian with TPS for 18 months.  more

09/20/2007Office of Foreign Labor Certification Performance Report On 9/7/07 DOL posted an Office of Foreign Labor Certification Performance Report that covers backlog reduction and PERM. It also provides information on temporary worker programs, the needs of U.S. employers and labor market trends.  more

09/20/2007Letter from 13 U.S. Governors Urging Congressional Action to Increase Availability of H1-B and Permanent Resident Visas Text of a letter from thirteen U.S. governors to leaders of the House and Senate urging Congressional action this year to increase the availability of H1-B visas, and permanent resident visas in order to meet their states’ immediate need to recruit and retain a skilled workforce in key sectors.  more

09/11/2007Visa Bulletin for October 2007 The Visa Bulletin for October 2007 has been posted on the DOS website.  more

09/11/2007USCIS Announces System Outages Scheduled for 9/12/07 USCIS announced that on Wednesday, September 12, 2007, at 9 PM EDT, certain USCIS web-based systems will be taken out of service for maintenance upgrades. They should be restored by the morning of Thursday, September 13, 2007.  more

09/11/2007USCIS Update on Service Center and Lockbox Receipting (9/7/07) A USCIS update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 9/7/07.  more

09/07/2007Study Finds Need for More Nurses A study by the National Foundation for American Policy, authored by Stuart Anderson, points to the critical consequences of the U.S. nursing shortage and recommends increases in nursing school infrastructure and immigration quotas to address the problem.  more

09/04/2007USCIS Update on Service Center and Lockbox Receipting (8/31/07) USCIS update on current data entry and receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox.  more


August, 2007



8/29/2007USCIS Update on Service Center and Lockbox Receipting (8/24/07) USCIS recently made available an 8/24/07 update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox.  more

8/22/2007USCIS Press Release, Q & As and Fact Sheet on Proposed Rule Regarding I-551 Cards Without an Expiration Date On 8/22/07 USCIS released a Press Release, Q & As and a Fact Sheet that address the proposed rule to require replacement of I-551 "green cards" without an expiration date within a 120 day filing period.  more

8/22/2007California Service Center Processing Time Report (8/16/07) California Service Center Processing Time Report (8/16/07).  more

8/22/2007National Benefits Center Processing Time Report (8/16/07) This NBC Processing Time Report (8/16/07) was recently posted to the USCIS website.  more

8/22/2007Nebraska Service Center Processing Time Report (8/16/07) This NSC Processing Time Report (8/16/07) was recently posted to the USCIS website.  more

8/22/2007Texas Service Center Processing Time Report (8/16/07) This TSC Processing Time Report (8/16/07) was recently posted to the USCIS website.  more

8/22/2007Vermont Service Center Processing Time Report (8/16/07) This VSC Processing Time Report (8/16/07) was recently posted to the USCIS website.  more

8/21/2007DHS Announces that Vermont Driver’s License Will Comply under WHTI On 8/20/07 DHS announced that Vermont has agreed to develop an enhanced driver’s license that will provide qualifying residents with a document acceptable at land and sea ports of entry in compliance with the Western Hemisphere Travel Initiative.  more

8/21/2007USCIS Press Release and Q & As on TPS Extension for El Salvador An 8/21/07 USCIS Press Release on the TPS extension for El Salvador addresses re-registration. Q & As follow the press release and include tables on forms and fees, biometrics, filing, and supporting documentation.  more

8/20/2007USCIS Update on Service Center and Lockbox Receipting (8/17/07) On 8/17/07 USCIS issued an update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox.  more

8/20/2007DHS Issues “Worksite Enforcement” Fact Sheet On 8/ 9/07, the Department of Homeland Security issued a fact sheet entitled “Worksite Enforcement” which highlights recent ICE enforcement efforts targeted at businesses that employ undocumented immigrants. The businesses targeted ranged from temporary employment agencies, to textile, construction and food processing plants.  more

8/20/2007CIS Adopts AAO Decision Relating to Cuban Adjustment Act and Overrules Matter of Buschini This AAO decision adopted by USCIS provides guidance regarding the determination of Cuban citizenship for the purposes of adjustment under the Cuban Adjustment Act. In addition, the decision overrules Matter of Buschini, USCIS Adopted Decision 06-0004.  more

8/20/2007USCIS Adopts AAO Decision Relating to Special Immigrant Juvenile Status This AAO decision adopted by USCIS provides guidance regarding the determination of constructive custody for applicants for special immigrant juvenile status and addresses a Florida Statute which extends its jurisdiction over an applicant for special immigrant juvenile status beyond his or her 18th birthday.  more

8/15/2007Visa Bulletin for September 2007 DOS Visa Bulletin for September.  more

8/14/2007USCIS Update on Service Center and Lockbox Receipting (8/10/07) On 8/10/07 USCIS issued an update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox.  more

8/13/2007USCIS Launches Toll-Free Military Helpline On 8/13/07 USCIS announced that members of the U.S, military and their families are now able to call a toll-free helpline for assistance with USCIS benefits.  more

8/09/2007USCIS FAQ #3 on EB Adjustments Filed Under the July Visa Bulletin USCIS answers questions on versions of Form I-485 and fees, submitting a check for the old fee and the new fee, instances where the original labor certification cannot be included with the I-140 petition, Schedule A concurrently filed I-140/I-485s, fees for I-765s and I-131s, and where to file an I-485 if there is a pending I-140.  more

8/09/2007Change in Adoption Procedure at U.S. Embassy in Guatemala An 8/6/07 USCIS Update states that the U.S. Embassy in Guatemala announced a change in the requirements of the biological parent that must be satisfied prior to the issuance of an immigrant visa for the adopted child.  more

8/06/2007USCIS Update on Service Center Receipting (8/3/07) An 8/3/07 USCIS Update explains that an increase in the number of applications filed has resulted in a front log of cases awaiting data entry. The Service reassures its customers that the actual received date of the application or petition will be honored.  more

8/06/2007USCIS to Administer Humanitarian Parole Programs As of 8/6/07 USCIS will administer the Humanitarian Parole Program, the Moscow Refugee Parole Program and the Cuban Haitian Entrant Program. These programs were formerly administered by U.S. Immigration and Customs Enforcement (ICE).  more

8/02/2007USCIS Urges Employers to Identify "Returning Workers" on H-2B Petitions for FY 08 On 8/2/07 USCIS issued an Update urging employers to continue to identify "returning workers" when filing H-2B petitions for FY 08. The "returning worker" provisions enacted in the SOS Act of 2005 expire on 9/30/07.  more

7/30/2007USCIS Fact Sheet on Naturalization Through Military Service An 8/1/07 USCIS Fact Sheet outlines the qualifications necessary for naturalization through military service. It also addresses the application process.  more


July, 2007



7/30/2007USCIS Issues Final Re-registration Reminder to Hondurans and Nicaraguans Eligible for TPS A 7/27/07 USCIS Update reminds Honduran and Nicaraguan applicants eligible for TPS to re-register by 7/30/07. It also reminds applicants of the fee increase on the same day.  more

7/30/2007USCIS Implements New Application and Petition Fee Schedule Today USCIS is implementing the new application and petition fee schedule today, July 30, 2007.  more

7/30/2007USCIS Rescinds Prior Update Regarding the Discontinuation of "Prepaid Mailers" USCIS is reinstating the practice of utilizing prepaid mailers as an alternate method of delivering notices and documents to the public.  more

7/27/2007USCIS FAQ #2 on EB Adjustments Filed Under the July Visa Bulletin USCIS answers questions on courier service tracking as “postmark,” physicals by overseas physicians, applicable filing fees, etc., for employment-based adjustment filings under the July Visa Bulletin.  more

7/26/2007Neufeld Memo on Fee Waiver Requests after the Fee Increase A 7/20/07 Memo from Donald Neufeld, Acting Deputy Associate Director for Domestic Operations, USCIS, provides guidance on fee waiver requests following the final rule establishing a new fee schedule to take effect 7/30/07.  more

7/24/2007USCIS Extends Temporary Premium Processing Suspension for I-140s On 7/24/07 USCIS announced an extension of the temporary suspension of Premium Processing for Form I-140.  more

7/24/2007USCIS Reminds Customers of Upcoming Fee Hike A 7/23/07 USCIS Update reminds petitioners and applicants of the fee increase to take effect on 7/30/07.  more

7/23/2007USCIS FAQs on EB Adjustments Filed under the July Visa Bulletin On 7/23/07 USCIS released FAQS on I-485s that were filed with priority dates that are current under the July visa bulletin.  more

7/23/2007USCIS to Discontinue Use of Prepaid Mailers to Send Notices and Documents On 7/23/07 USCIS announced that as of 7/30/07 the Service will only accept “prepaid mailers,” used to return notices and documents to an applicant or petitioner, for Refugee Travel documents and Reentry Permit applications.  more

7/23/2007USCIS Update on Service Center Receipting (7/20/07) On 7/20/07 USCIS issued an update on current receipting times at CSC, NSC, TSC, and VSC.  more

7/20/2007AILF's Complaint on the Visa Bulletin Litigation The complaint that AILF's Legal Action Center prepared and was poised to file before the July visa bulletin issue was resolved. Please see redacted copy from AILF's website.  more

7/20/2007Skilled Workers May See Green-Card Surge Problems with the green-card program have prompted informal discussions in Congress about a law to offer more visas to highly skilled applicants.  more

7/17/2007USCIS Reopens Filing of EB Adjustment Cases On 7/17/07 USCIS announced revised processing procedures for I-485s filed by applicants whose priority dates are current under the July 2007 Visa Bulletin.  more

7/17/2007Visa Bulletin for August 2007 Please note that Paragraph D of the August Visa Bulletin withdraws Visa Bulletin #108 dated July 2, 2007.  more

7/17/2007DOL FAQs on "Substitutions Plus" Final Rule On 7/16/07 DOL released FAQs on the 5/17/07 final rule on labor certification substitutions, attorney's fees and other matters. The DOL Liaison Committee expects the agency to release a second round of FAQs on the final rule within the next two weeks.  more

7/16/2007U.S. to Reverse Some Denials of Work Visas Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.  more

7/16/2007USCIS Update Clarifies Effective Date for Regulations on Labor Cert. Substitutions A 7/13/07 USCIS Update clarifies that the new Department of Labor regulations regarding labor certification substitutions will not take effect until 7/17/07.  more

7/13/2007HHS Issues Final Rule Amending Medicare Regulations To Require Evidence of Citizenship This final rule amends Medicaid regulations to require States to obtain satisfactory documentary evidence of an applicant’s or recipient’s citizenship and identity in order to receive Federal financial participation and provides guidance on the types of documentary evidence that may be accepted to establish the applicant’s citizenship.  more

7/12/2007USCIS Re-Issues Reminder to Hondurans and Nicaraguans Eligible for TPS On 7/11/07 USCIS issued an Update reminding Hondurans and Nicaraguans eligible for Temporary Protected Status (TPS) to file a re-registration application for TPS by 7/30/07.  more

7/12/2007USCIS Announces that CSC is Now Issuing Delayed I-797s On 7/11/07 USCIS announced that the California Service Center has resolved the system problems creating delays in issuance of I-797 approval notices. CSC is generating and mailing the delayed approval notices, which customers can expect to receive by 7/20/07.  more

7/11/2007Congresswoman Lofgren on Visa Bulletin Debacle Representative Zoe Lofgren (D-CA) announced that USCIS has been returning unused visa numbers to DOS, and that she has requested certain specified written information from DHS Secretary Chertoff regarding USCIS' actions in connection with the July 2007 Visa Bulletin. A copy of the letter is provided.  more

7/9/2007USCIS Issues Another Update on Service Center Receipting On 7/6/07 USCIS issued another update on current receipting times at CSC, NSC, TSC, and VSC.  more

7/3/2007USCIS Customer Letter on Direct Filing of Some Forms Beginning 7/30/07 This 7/3/07 USCIS letter to customers provides instructions on Direct Filing of Forms I-129F, I-131, I-140, I-360, I-485, I-765, and I-907, which take effect 7/30/07.  more

7/3/2007Representative Lofgren Issues Statement on Updated Visa Bulletin Representative Lofgren (D-CA) issued a statement in response to the State Department's update of the July Visa Bulletin and the subsequent USCIS notice that it would reject applications for adjustment of status. The statement is followed by letters sent to Secretaries Rice and Chertoff.  more

7/2/2007USCIS Rejecting I-485s Where Priority Date is Not Current Under Revised Visa Bulletin A 7/2/07 USCIS Update announced that USCIS is rejecting I-485 applications for applicants whose priority date is not current under the revised July Visa Bulletin.  more

7/2/2007Update on July Visa Availability The Department of State announced this morning that effective Monday, July 2, 2007, there will be no further authorizations in response to request for Employment-based preference cases. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007.  more

7/2/2007Oppenheim Testimony on CIR Before Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law Testimony pf Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, Department of State, on CIR before the House Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law.  more

7/2/2007Special Immigrant Numbers for Afghani and Iraqi Translators and Interpreters Temporarily Increased to 500 On 7/2/07 USCIS released a Fact Sheet announcing a temporary increase in the number of Afghani and Iraqi translators and interpreters allowed to immigrate in FY 07 and FY 08 from 50 to 500.  more

7/2/2007Presidential Proclamation Suspending Entry of Persons Who Threaten Lebanon's Sovereignty and Democracy On 6/29/07 the President issued a proclamation suspending entry into the U.S. of immigrant and nonimmigrant visa holders who "threaten Lebanon’s sovereignty and democracy."  more


June, 2007



6/29/2007USCIS Issues Reminder of Fee Hike on July 30 A 6/28/07 USCIS Update reminds applicants that the increased fees for applications and petitions take effect 7/30/07.  more

6/28/2007USCIS Announces Temporary Suspension of Premium Processing for I-140s On 6/27/07 USCIS announced that effective 7/2/07 Premium Processing will be temporarily suspended for Form I-140, Immigrant Petition for Alien Worker.  more

6/27/2007White House Contrasts Worksite Enforcement and Border Security Under Current Law to Provisions in S. 1639 On 6/25/07 the White House issued a Fact Sheet that compares current law related to worksite enforcement and border security to the proposed law in S.1639.  more

6/26/2007 USCIS Update: CSC Experiencing Notice Generating System Delays This 6/26/07 USCIS Update reports that the California Service Center is experiencing systems problems that are causing delays in the printing of certain notices.  more

6/26/2007USCIS Issues Service Center Receipting Update This 6/22/07 USCIS Update reports on current receipting times at CSC, NSC, TSC and VSC, and projects expected in-time compliance dates for certain application types.  more

6/23/2007USCIS Announces Direct Filing Instructions for Forms I-129F, I-131, I-140, I-360, I-485, I-765, and I-907 U.S. Citizenship and Immigration Services (USCIS) today announced new "Direct Filing" instructions for additional immigration forms that were transitioned last year into the Bi-Specialization initiative.  more

6/21/2007Neufeld Memo Provides Interim Guidance on DOL’s Substitutions Plus Final Rule On 6/1/07 Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, issued a Memo with interim guidance on the DOL’s final rule on substitutions and other labor certification issues.  more

6/21/2007Neufeld Memo on the Removal of the Standardized RFE Processing Timeframe On 6/1/07 Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, issued a Memo on the removal of the standardized RFE processing timeframe, for which a final rule was published in the Federal Register on 4/17/07.  more

6/21/2007BALCA Addresses Itinerant Employee Issues BALCA concludes that, where a job involves various unanticipated worksites, the application should be filed where the employer's main office is located, and that mere business presence in another location is not sufficient to place venue in that location. Matter of Paradigm Infotech, Inc., 2007-INA-00003-06 (6/15/07).  more

6/21/2007BALCA Finds Efforts to Contact Applicants Sufficient BALCA finds good faith recruitment where the employer sent a certified letter and made one attempt to call the applicant. It also finds an acceptable level of involvement by an immigration consultant whose address was on the return receipt for the letter to the applicants. Matter of Leo's Automotive Service #1, 2006-INA-00020  more

6/21/2007BALCA Addresses Filing Date for Mailed-In PERM Cases BALCA Addresses Filing Date for Mailed-In PERM Cases.  more

6/18/2007USCIS Continues Temporary Suspension of Premium Processing Service For R-1s USCIS extended the suspension of premium processing for I-129 Religious Worker applications for an additional six months.  more

6/13/2007Visa Bulletin for July 2007 DOS Visa Bulletin for July 2007 shows advance in all employment based visa categories to current except Other Worker.  more

6/08/2007DOS Announces Temporary Travel Flexibility within Western Hemisphere for U.S. Passport Applicants On 6/8/07 DOS and DHS announced that U.S. citizens traveling to Canada, Mexico, the Caribbean and Bermuda who have applied for but not yet received passports, can nevertheless temporarily enter and depart from the U.S. by air with a government issued photo identification and DOS official proof of application for a passport through 9/30/07.  more

6/04/2007White House Fact Sheet on "Ending Chain Migration" On 6/1/07 the White House released a Fact Sheet on “Ending Chain Migration,” which addresses related points in the bipartisan immigration reform bill.  more


May, 2007



5/31/2007USCIS Warns of Fraud Related to Proposed Immigration Reform Legislation The 5/31/07 USCIS Update informs the public that proposed Senate bill S.1348 has not become law, and that individuals should be wary of any persons, organizations or businesses claiming to assist in applying for benefits under the immigration reform legislation.  more

5/30/2007DOS Release on S.1348 DOS USINFO published a release entitled "Proposed Immigration Reform Would Change the U.S. Visa System." Discussion of a merit-based immigration system and of provisions for undocumented workers is included.  more

5/29/2007USCIS Press Release on 18-Month TPS Extension for Hondurans and Nicaraguans A 5/29/07 USCIS Press Release announced the extension of the designation of TPS for Honduras and Nicaragua. The extension is effective 7/5/07 and will remain in effect until 1/5/09. The announcement also addresses re-registration procedures.  more

5/29/2007Administrative Appeals Office Processing Time Report AAO Processing Time Report (5/29/07).  more

5/29/2007USCIS Final Fee Schedule This document lists the new, increased USCIS applications fees effective 7/30/07.  more

5/29/2007USCIS Q & A's on New Fee Schedule On 3/29/07 USCIS released Q & As on the new, increased fee schedule, effective July 30, 2007.  more

5/25/2007USCIS Update on Service Center Receipting USCIS issued an update on current receipting times for applications at NSC, CSC, TSC and VSC.  more

5/24/2007USCIS Update on New I-140 Filing Procedures Following DOL Rule Eliminating Substitutions This USCIS Update outlines new I-140 filing procedures following the DOL's rule eliminating substitutions on labor certification applications.  more

5/21/2007White House Release: 10 Key Myths About the Senate "Grand Bargain" On 5/18/07 the White House issued a Press Release enumerating what it called the "Ten Key Myths" about the Senate "Grand Bargain".  more

5/21/2007USCIS HQ Provides Information About EB-5 Program Morrie Berez, head of the EB-5 unit at USCIS headquarters, recently distributed several items concerning the EB-5 program. These include a list of current "active" regional centers, statistics showing the growth of the EB-5 program, and a PowerPoint concerning the EB-5 program.  more

5/21/2007 DOL Press Release on Final Rule Ending Beneficiary Substitutions in Labor Certifications Applications The DOL ETA issued a Press Release following publication of the final rule eliminating the current practice of substitution of alien beneficiaries on both permanent labor certification applications and approved labor certifications.  more

5/20/2007New York Times Editorial on Senate Immigration Bill Link to New York Times editorial noting that "The Senate last week seized a once-in-a-generation opportunity to overhaul a broken system and emerged with a deeply flawed compromise."  more

5/20/2007Top 5 Concerns with Senate "Grand Bargain" Bill The Senate "Grand Bargain" bill that will be debated on the Senate floor starting Monday, May21, contains several unacceptable and unworkable provisions that must be addressed before any bill is passed in the Senate.  more

5/18/2007White House Fact Sheet on Senate "Grand Bargain" On 5/17/07 the White House released a fact sheet on the Senate proposed "Grand Bargain" on immigration reform.  more

5/17/2007USCIS Halts Premium Processing on I-140s Requesting Substitution of Alien Beneficiary In light of the expected volume of requests resulting from the DOL's final rule eliminating labor certification substitutions, USCIS announces that, effective May 18, 2007, it will no longer offer premium processing for I-140 petitions.  more

5/14/2007Visa Bulletin for June 2007 DOS releases Visa Bulletin for June 2007.  more

5/14/2007USCIS Explains H-1B Receipt Notice Delay for Non-Premium Cases In a 5/11/07 announcement, USCIS confirmed a fee receipt and data entry front log for H-1B petitions that were not filed premium processing.  more

5/11/2007DOL Round 10 PERM FAQ (5/9/07) The DOL Round 10 PERM FAQs address the Notice of Filing, advertisement content and audits.  more

5/7/2007Visitors No Longer Required to Biometrically "Check Out" When Departing DHS announced completion of the three-year pilot program that required international visitors to biometrically check out at select airports and seaports. Effective 5/6/07, international visitors will no longer be required to use the US-VISIT exit kiosks when they leave the United States.  more

5/4/2007H-1B Master's Numbers Exhausted: Count Hits 20,000 USCIS announced that it has received enough H-1B petitions for foreign workers with a master's degree or higher from a U.S. institution of higher education, requesting exemption from the FY 2008 H-1B cap, to meet the congressionally mandated exemption limit of 20,000.  more

5/2/2007H-1B Master's Count Nears 20,000 USCIS USCIS' H-1B count page indicates that, as of 4/30/07, 19,887 petitions for the U.S. master's degree exemption had been received. It is suggested you bookmark this page and check it periodically.   more

Information provided courtesy from AILA's InfoNet (www.aila.org). Copyright © 1993–2007, American Immigration Lawyers Association. 918 F Street, NW, Washington, DC 20004.


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