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 Thu, 12 Nov 2009 12:56:51 -0500 Thu, 12 Nov 2009 12:56:08 -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 Through March 4, 2010, USCIS will accept H-1b Petitions filed with Labor Condition Applications that have been pending for at least 7 calendar days, in recognition of the Department of Labor's failure to timely adjudicate them. http://www.tievskylaw.com/newsletter.htm/Stories/USCIS%20Accepts%20H-1b%20Petitions%20with%20Pending%20LCAs.htm Thu, 12 Nov 2009 12:56:08 -0500 Office of the USCIS Ombudsman Recommends that USCIS Allow H-1b Petition Filing on Proof of Submission of Labor Condition Application, Rather than Upon Certification http://www.tievskylaw.com/newsletter.htm/Stories/Ombudman%20Recommendation%20to%20Allow%20H-1b%20Filing%20with%20Pending%20LCA.htm Tue, 27 Oct 2009 11:54:17 -0500 President Obama met with Congressional Leaders to kick off a late 2009 legislative push, but the White House acknowledges that votes aren’t there yet. Momentum may be picking up. http://www.tievskylaw.com/newsletter.htm/Oct%202009%20newsletter.htm#Newsletter1 Wed, 14 Oct 2009 15:36:02 -0500 FY 2010 increases southwest border enforcement spending by 18% to $2 billion and increases TSA budget by 12%, but the Senate bill's requirement to spend $4.6 billion on a 700 mile stretch of Mexican border fence is a sticking point in the House. http://www.tievskylaw.com/newsletter.htm/Oct%202009%20newsletter.htm#Newsletter2 Wed, 14 Oct 2009 15:35:44 -0500 Employment verification system seen as integral part to immigration reform, according to Brookings-Duke report. http://www.tievskylaw.com/newsletter.htm/Oct%202009%20newsletter.htm#Newsletter3 Wed, 14 Oct 2009 15:35:25 -0500 Report finds long delays in implementation and no way of measuring effectiveness of several key measures. http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Newsletter4 Wed, 14 Oct 2009 15:35:02 -0500 The Obama Administration has put into effect the Bush Administration's mandatory use of electronic employment verification system by government contractors and subcontractors. http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Newsletter5 Wed, 14 Oct 2009 15:34:40 -0500 Senator Chuck Grassley wants USCIS to tell him what they're going to do in response to the Inspector General's report finding that 20% of randomly examined H-1b cases involved fraud or "technical violations". http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Newsletter6 Wed, 14 Oct 2009 15:34:24 -0500 Six months into FY2010 filing period, demand remains fairly weak and more than 20,000 visa numbers remain. http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Newsletter7 Wed, 14 Oct 2009 15:33:47 -0500 New Labor Condition Application portal caused thousands of false denials and other headaches after its July 1, 2009 unveiling; USCIS offers no assistance to H-1b petitioners running out of time. http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Newsletter8 Wed, 14 Oct 2009 15:33:32 -0500 USCIS will publish pending I-485 inventory status quarterly; now you can see how slowly they're moving. http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Newsletter9 Wed, 14 Oct 2009 15:33:14 -0500 The State Department describesoutlook for availability of India and China Employment-Based immigrant visas as “grim”. http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Newsletter10 Wed, 14 Oct 2009 15:32:37 -0500 Application window open until November 30, 2009 http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Newsletter11 Wed, 14 Oct 2009 15:32:04 -0500 USCIS has replaced its website, which users had described as “hard to navigate” “overwhelming” and “frustrating”, with a redesigned version starting on September 22. http://www.tievskylaw.com/newsletter.htm/Oct 2009 newsletter.htm#Quick Wed, 14 Oct 2009 15:31:45 -0500 USCIS has announced that it will issue interim Employment Authorization Documents to Salvadoran Temporary Protected Status beneficiaries who are still awaiting final action on their re-registration applications, if those applications have been pending for more then 90 days. This measure will allow TPS beneficiaries to continue working while USCIS processes their re-registration applications. http://www.tievskylaw.com/Forms/Salvador TPS EAD Extensions.pdf Wed, 14 Oct 2009 15:31:27 -0500 USCIS has published its user manual for E-Verify. E-Verify is intended to compare information from employees' Forms I-9 to Social Security Administration and Department of Homeland Security databases in order to confirm employees' identity and employment eligibility. Participation in this program is currently voluntary in most states, and is free of charge to participating employers. http://www.tievskylaw.com/Forms/everify manual.pdf Wed, 14 Oct 2009 15:30:44 -0500 The Department of Homeland Security announced several new initiatives intended to “[enhance] the efficiency of [Immigration and Customs Enforcement’s] detention system” and “[prioritize] the health and safety of detainees.” Included in the reforms is an effort to house detainees in converted hotels and nursing homes, rather than prisons, a measure that DHS claims would help reduce costs, but which critics argue would lead to an increase in the number of detainees that escape. http://www.dhs.gov/ynews/releases/pr_1254839781410.shtm Wed, 14 Oct 2009 15:30:15 -0500 ICE has released an April 30, 2009, Memorandum describing its ICE’s Worksite Enforcement Strategy. http://www.tievskylaw.com/Forms/ICE 2009 Worksite ENforcement Strategy Memo.pdf Wed, 14 Oct 2009 15:29:06 -0500 Of the 85,000 H-1b petitions selected and approved in April 2007 lottery, Infosys Technologies Limited had the most approved petitions (4,559 approved initial beneficiaries). http://www.tievskylaw.com/Forms/2008_H-1b_List.pdf Fri, 20 Mar 2009 16:01:33 -0500 USCIS expands program to facilitate H-1b extensions for beneficiaries whose full six years have expired but who are eligible for an extension with an approved I-140. http://www.tievskylaw.com/newsletter.htm/Stories/I-140%20Premium%20Processing%20Expansion.htm Fri, 20 Mar 2009 16:01:03 -0500 Passport or alternative documentation checks likely to commence June 1, 2009, unless delayed by Congress. http://www.tievskylaw.com/newsletter.htm/Stories/WHTI%20Compliance%20for%20Land%20and%20Sea.htm Fri, 20 Mar 2009 16:00:39 -0500 DOL's failure to reference "magic words" on PERM application form deemed a denial of due process and can't form the basis of a denial - until August 1. http://www.tievskylaw.com/newsletter.htm/Stories/BALCA%20Labor%20Cert%20Reversals.htm Fri, 20 Mar 2009 16:00:25 -0500 New DHS Secretary Napolitano testifies in front of the House Homeland Security Committee, and orders an investigation into the first worksite raid during the Obama adminstration. http://www.tievskylaw.com/newsletter.htm/Stories/Napolitano%20on%20her%20Employment%20Enforcement.htm Fri, 20 Mar 2009 15:59:55 -0500 Cases pending more than 75 days will be prioritized and adjudicated within 10 days of notice from applicant or a temporary card issued. http://www.tievskylaw.com/newsletter.htm/Stories/USCIS%20EAD%20Memorandum.htm Thu, 26 Feb 2009 10:52:44 -0500 Stimulus Bill requires participating banks to recruit U.S. workers for would-be H-1b jobs and bars displacement of U.S. workers for three month periods before and after H-1b hires. http://www.tievskylaw.com/newsletter.htm/Stories/H-1b%20TARP%20Restrictions.htm Thu, 26 Feb 2009 10:52:17 -0500 DHS has released the list of countries whose nationals may participate in the H-2B temporary non-agricultural worker program. Under new rules adopted in December 2008, DHS, with the concurrence of the State Department, will only allow issuance of H-2B visas to nationals of countries “that are important for the operation of the H–2B program and are cooperative in repatriation of its citizens, subjects, nationals or residents who are subject to a final order of removal from the United States.” The list, which DHS and State will presumably amend from time to time, currently includes Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Indonesia, Israel, Jamaica, Japan, Mexico, Moldova, New Zealand, Peru, Philippines, Poland, Romania, South Africa, South Korea, Turkey, Ukraine, and the United Kingdom. http://edocket.access.gpo.gov/2008/pdf/E8-30114.pdf Fri, 6 Feb 2009 18:22:11 -0500 USCIS has delayed for sixty days implementation of a revision to the I-9 form which employers use to establish identity and employment authorization of new hires. The revised I-9 would prohibit the use of expired documents to establish identity and employment authorization, and makes changes to the list of permissible documents employees may present as evidence. The delay, until at least April 3, 2009, results at least in part from the Obama Administration’s request that agencies delay for sixty days implementation of regulations imposed in the final days of the Bush Administration to allow for further consideration. A number of commenters had also requested the delay. The new I-9 has been unwelcome for a number of reasons, among them that it fails to address many situations where employment is authorized but documentation does not appear on the list of acceptable documents (e.g., automatic extensions of temporary protected status, pending petitions to remove conditional permanent residence). http://www.tievskylaw.com/Forms/i-9%20delay.pdf Tue, 3 Feb 2009 17:07:32 -0500 The Government Accountability Office determined that the cost of fencing constructed during 2007-2008 ranged from $200,000 per mile for vehicle fencing located in remote areas to $15.1 million per mile for pedestrian fencing in populous areas. The average per mile cost for vehicle fencing was $1 million to $2.8 million per mile, with pedestrian fencing averaging $3.9 to $4.8 million per mile. The wide cost variance is a function of topography and land acquisition costs. 1330 miles of Southern Border fencing remains to be funded. http://www.tievskylaw.com/Forms/GAO%20Fence%20Report.pdf Fri, 30 Jan 2009 13:59:45 -0500 USCIS has announced a further delay in mandating that most federal contractors and their subcontractors enroll in E-Verify as a condition of receiving new contracts. The policy is now slated to be included in most GSA, Defense, and NASA contract awards and solicitations issued after May 21, 2009. The requirement has already been put on hold through February 20, 2009, stemming from legal action brought by the U.S. Chamber of Commerce. http://www.tievskylaw.com/Forms/Everify%20delay%20and%20faq.pdf Thu, 29 Jan 2009 13:09:48 -0500 The Government Accountability Office outlined seven recommendations for USCIS that would “improve the timing and comprehensiveness” of its biennial User Fees Reviews. Among these are “[identifying] and [considering] the full costs of USCIS’ operations funded from the IEFA account” and using case projection information for workload management purposes in addition to revenue forecasting. The review stems from the dramatic fee increases imposed by USCIS in July 2007. http://www.tievskylaw.com/Forms/GAO%20Fees%201.pdf Tue, 27 Jan 2009 09:17:09 -0500 The Government Accountability Office concluded that USCIS’ costing methodology for setting immigration application fees failed to include key costs, was inconsistent with Federal costing practices, and failed to provide adequate justification in many instances. GAO recommended that USCIS should improve its costing methodology so as to: 1) ensure that application fees cover the costs incurred by all federal entities for immigration processing operations in full, and 2) increase confidence that USCIS’ cost estimates “provide a reliable basis for setting application fees.” Among other things, GAO expressed concern that the Premium Processing program is being subsidized by filing fees paid by non-Premium filers. http://www.tievskylaw.com/Forms/GAO%20Fees%202.pdf Tue, 27 Jan 2009 09:15:54 -0500 President-elect Obama's choice for Homeland Security Chief, Arizona Governor Janet Napolitano, sees fixing the U.S. immigration system as a high priority and seemed ready to let the Justice Department pursue employers rather than focus on mass arrests. http://www.tievskylaw.com/newsletter.htm/Stories/Napolitano%20confirmation.htm Fri, 16 Jan 2009 10:43:31 -0500 Most prime and subcontractors would be required to electronically verify employment authorization for new and existing employees performing civilian and defense agency contracts. http://www.tievskylaw.com/newsletter.htm/Stories/E-Verify%20Requirement.htm Fri, 16 Jan 2009 10:43:03 -0500 State Workforce Agencies are cut out of process in favor of PERM-like pre-recruitment and employer certification; DOL takes the lead on enforcement and adjudication. http://www.tievskylaw.com/newsletter.htm/Stories/Major%20Changes%20to%20H-2B%20Temporary%20Worker%20Program.htm Fri, 16 Jan 2009 10:42:33 -0500 Travelers to the U.S. from the 35 Visa Waiver Program countries must now register online with DHS’ Electronic System for Travel Authorization (ESTA) before departing for the U.S. DHS has issued a detailed FAQ on ESTA. http://www.tievskylaw.com/newsletter.htm/Stories/Visa%20Waiver%20ESTA%20Pre-Travel%20Registration%20Required.htm Fri, 16 Jan 2009 10:42:13 -0500 The U.S. Department of Labor has announced briefing schedules in anticipation of the roll out of a new online Permanent Labor Certification application form. The current form, in use since March 2005, has been plagued with software problems, confusing form language and instructions, and technical limitations. The new form is said to be based on new technology, and will take effect once the online version has been approved by the Office of Management and Budget. Fri, 16 Jan 2009 10:41:56 -0500 USCIS announced that effective January 8, 2009 that it has cut off petitions for H-2B temporary non-agricultural workers for the April - September 2009 period. Fri, 16 Jan 2009 10:41:45 -0500 Repeat participation is now allowed in the Au Pair Program, but participants must spend two years outside the U.S. between programs. http://www.tievskylaw.com/Forms/aupair_rule.pdf Fri, 16 Jan 2009 10:41:27 -0500 The U.S. GAO reports that a 1% to 3% rejection rate for Electronic System for Travel Authorization (ESTA) pre-travel VWP online registration would create significant new visa processing burdens on Consulates, while the addition of additional countries into the VWP would not. http://www.tievskylaw.com/Forms/GAO_Visawaiver.pdf Fri, 16 Jan 2009 10:41:05 -0500 Outgoing Attorney General Michael Mukasey has overruled three 2008 Board of Immigration Appeals decisions and concluded that aliens posses no Fifth Amendment right to effective assistance of counsel in removal proceedings. His determination would permit the Department of Justice to reopen removal proceedings where an alien shows that he or she was prejudiced by the actions of private counsel. Fri, 16 Jan 2009 10:40:46 -0500 Malta has joined the 34 other Visa Waiver Program countries. http://edocket.access.gpo.gov/2008/pdf/E8-30818.pdf Fri, 16 Jan 2009 10:39:48 -0500 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://edocket.access.gpo.gov/2008/pdf/E8-27062.pdf 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/newsletter.htm/Stories/Benefit%20Fraud%20and%20Compliance%20H-1b%20Petitions.htm 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