Analysis and developments in immigration law and regulation. http://www.tievskylaw.com/index.htm US Immigration Law Copyright 2005, Law Office of Charles A. Tievsky, PLC http://blogs.law.harvard.edu/tech/rss en-us Tue, 11 Nov 2008 13:22:24 -0500 Tue, 11 Nov 2008 12:13:50 -0500 FeedForAll v1.0 (1.0.2.0) http://www.tievskylaw.com/Images/New-Logo-803x110.jpg http://www.tievskylaw.com CATLAW Liberty 804 111 USCIS has published its current processing times for naturalization cases for the federal fiscal year ending September 30, 2008. The Washington D.C. office has reduced its processing time to 9.8 months from an estimated 12.7 months in September, 2008, and 14.7 months in April, 2008. In recent months, the Washington District offices have been conducting naturalization interviews in less than four months from filing an N-400. By the end of December 2008, USCIS estimates it will have completed over 1 million naturalization cases this year. Eleven offices are currently averaging 5-month processing times, which is USCIS' targeted processing time http://www.tievskylaw.com/Forms/processing_update_November08.pdf Tue, 11 Nov 2008 11:35:08 -0500 Former CEO of Agriprocessors Inc. Sholom Rubashkin was arrested at the end of October in Iowa, facing charges of conpsiracy, document fraud, and aggravated identity theft, for allegedly distributing money intended for the purchase of fake permanent resident cards. Rubashkin could face up to 10 years in prison and fines in excess of $250,000 if found guilty. http://www.tievskylaw.com/Forms/CEO%20arrest.pdf Thu, 6 Nov 2008 11:10:17 -0500 The White House Press Secretary issued a release stating that Secretary Michael Chertoff signed a declaration with Romanian Ambassador Adrian Vierita, furthering the country's progress towards visa-free travel to the U.S. and designation as a VWP member. http://www.tievskylaw.com/Forms/Interim%20VWP%20Romania.pdf Tue, 4 Nov 2008 15:36:54 -0500 President Bush welcomes the Czech Republic, Estonia, Hungary, Latvia, Lithunia, Slovakia, and the Republic of Korea as these countries are admitted into the Visa Waiver Program (VWP). Their newly acquired status will take effect in about a month. Bulgaria, Cyprus, Greece, Malta, Poland, and Romania are participating in the Visa Waiver Road Map, which is helping them to qualify for admittance into the VWP. http://www.whitehouse.gov/news/releases/2008/10/print/20081017-5.html Fri, 24 Oct 2008 17:29:23 -0500 USCIS has issued a press release announcing an increase in the maximum period of stay for a TN professional worker to three years (up from the current one year maximum) before the worker must seek readmission or obtain an extension of stay. The new policy appears to take effect immediately, but the final text has not yet issued. http://www.tievskylaw.com/Forms/Trade-NAFTA%20Lengthened%20Period%20of%20Stay.pdf Tue, 21 Oct 2008 16:05:04 -0500 The State Department announced that the filing window for the 2010 Diversity Lottery runs from October 2 until December 1, 2008. Up to 55,000 Diversity visas are available each fiscal year to persons born in countries with low rates of immigration to the United States. http://travel.state.gov/visa/immigrants/types/types_1318.html Tue, 21 Oct 2008 16:04:43 -0500 The USCIS Ombudsman has recommended procedures for USCIS to use in cases where Employment Authorization adjudications have been delayed beyond the 90 days required by regulation. Among other things, the recommendation calls for Receipt Notices for EAD renewals to include language authorizing continued employment pending final adjudication. http://www.dhs.gov/xlibrary/assets/cisomb_ead_recommendation_35.pdf Tue, 21 Oct 2008 16:04:20 -0500 DHS has adopted a streamlined process for HIV-positive non-immigrants to enter the US for up to 30 days. http://www.tievskylaw.com/Forms/HIV%20rule%20change.pdf Tue, 21 Oct 2008 16:04:02 -0500 USCIS has issued an FAQ regarding Inter-Country Adoptions in light of U.S. implementation of the Hague Adoption Convention in April 2008. http://www.tievskylaw.com/Forms/InterCountryadoption.pdf Tue, 21 Oct 2008 16:03:36 -0500 USCIS began administering its new naturalization test on October 1, 2008. Persons filing applications prior to October 1, 2008 may choose between the old and new tests. New applications will be required to take the new one. USCIS has published practice questions for the new version. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2de5bece24e7b110VgnVCM1000004718190aRCRD&vgnextchannel=2de5bece24e7b110VgnVCM1000004718190aRCRD Tue, 21 Oct 2008 16:03:09 -0500 In California, the largest Special Operation in the state targeting criminal aliens and illegal alien fugitives led to the arrest of over 1,100 immigration violators. http://www.ice.gov/pi/nr/0809/080929losangeles.htm Tue, 21 Oct 2008 16:02:49 -0500 ICE agents arrested 331 people, including a plant supervisor in South Carolina in relation to a 10-month criminal investigation into Columbia Farms poultry processing plant’s employment practices. http://www.ice.gov/pi/nr/0810/081009greensville.htm Tue, 21 Oct 2008 16:02:14 -0500 A USCIS report asserts that 21% of a random sampling of 246 H-1b cases were either patently fraudulent or were in technical violation of H-1b rules. The report found the highest incidence of noncompliance in smaller and newer employers and for position in accounting, human resources, business analysis, and sales and advertising. http://www.tievskylaw.com/Forms/H-1bFraud.pdf Tue, 21 Oct 2008 16:01:41 -0500 DHS has extended for 18 months TPS for nationals of El Salvador who are residing in the U.S. TPS has been extended to September 9, 2010. http://www.tievskylaw.com/Forms/SalvadorTPS.pdf Tue, 21 Oct 2008 16:00:44 -0500 DHS has extended for 18 months TPS for nationals of Nicaragua who are residing in the U.S. TPS has been extended to July 5, 2010. http://www.tievskylaw.com/Forms/NicarauguanTPS.pdf Tue, 21 Oct 2008 15:59:52 -0500 DHS has extended for 18 months TPS for nationals of Honduras who are residing in the U.S. TPS has been extended to July 5, 2010. http://www.tievskylaw.com/Forms/HonduranTPS.pdf Tue, 21 Oct 2008 15:58:39 -0500 State and DHS announce that Passport Cards used for travel between the U.S. and Canada, Mexico, Bermuda and the Caribbean are now being distributed. The card is valid only for U.S. entry by land and sea. http://www.dhs.gov/xnews/releases/pr_1216743005370.shtm Wed, 23 Jul 2008 10:08:10 -0500 USCIS reports that 29,234 petitions have been counted towards the 33,000 nonagricultural temporary worker cap for the first half of FY 2009. USCIS intends to accept petitions accounting for 40,000 beneficiaries, affording a 21% buffer for denials, withdrawals, and revocations. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD Wed, 23 Jul 2008 10:00:27 -0500 USCIS has established a web site permitting FOIA applicants to determine the status of pending requests. Now you can learn in real time that the agency is still sitting on your application. /Forms/foia-status-check-30Jun08.pdf Tue, 8 Jul 2008 09:58:32 -0500