News Flash Archival
NEWS FLASH!!
USCIS ANNOUNCES PROPOSAL TO INCREASE PERIODS OF STAY FOR TN
PROFESSIONAL WORKERS FROM CANADA OR MEXICO
On May 5, 2008, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to increase the maximum time a Trade-NAFTA (TN) professional worker from Canada or Mexico can remain in the United States before seeking readmission or obtaining an extension of stay.
The proposed rule will extend the maximum period of admission for TN workers from one year to three years, the same term USCIS currently may grant to H-1B specialty occupation workers.
The proposed rule also will allow eligible TN non-immigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year. TN non- immigrants are not subject to a maximum period of stay and may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible.
Canadian and Mexican citizens seeking temporary entry to the United States as professionals may come into the country as TN non-immigrants under the North American Free Trade Agreement (NAFTA). TN status is available to Canadian and Mexican citizens with a minimum of a bachelor’s degree, or appropriate professional credentials, who work in professions including, but not limited to accountants, engineers, attorneys, pharmacists, scientists, and teachers.
The NPRM, once implemented as a final rule, also will apply to spouses and unmarried, minor children of TN non-immigrants in their corresponding non-immigrant classifications as NAFTA dependents.
The NPRM is available on USCIS’ Web site at www.uscis.gov
HaydenLaw will continue to monitor this process and provide updates whenever new information is available.
NEWS FLASH!!
USCIS REACHES H-1B CAP
On April 8, U.S. Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to meet the Congressionally-mandated cap for Fiscal Year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons who are exempt from the cap under the “advanced degree” exemption.
Before running the random selection process, USCIS will complete initial data entry for all filings received during the period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise date when it will conduct the computer-generated random selection process for all cap-subject petitions that were received.
USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the “advanced degree” exemption limit. The agency will conduct the selection process for “advanced degree” exemption petitions first. All “advanced degree” petitions not selected will become part of the random selection process for the 65,000 general category limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless a petition is found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.
HaydenLaw will continue to monitor this process and provide updates whenever new information is available.
NEWS FLASH!!
EMPLOYERS MUST BEGIN USING NEW I-9 BY DECEMBER 27, 2007
On November 26, U.S. Citizenship and Immigration Services (USCIS ) published a notice in the Federal Register explaining its new, amended Form I-9 for Employment Eligibility Verification and reminding employers that they must begin using the new "Form I-9 (Rev. 06/05/07)N" and discontinue using prior versions of the I-9 form on or before December 26, 2007.
The amended Form I-9 contains an updated list of acceptable identity and employment authorization documents that reflect current regulations. As of November 7, 2007, the amended Form I-9 is the only valid version of the form. However, the Department of Homeland Security will not seek penalties against an employer for using a previous version of the Form I-9 on or before December 26, 2007.
The new I-9 is now available and may be used by employers. After December 26, 2007 employers may face fines for using prior versions of the form.
The November 26 USCIS notice clarifies that "employers do not need to complete an amended Form I-9 for current employees for whom there is already a properly completed Form I-9 on file. Indeed, unnecessary verification may violate the INA's antidiscrimination provision . . .which is enforced by the U.S. Department of Justice's Office of Special Counsel for Immigration Related Unfair Employment Practices."
NEWS FLASH!!
OCTOBER VISA BULLETIN--MIXED NEWS
The Visa Bulletin for October has been issued and contains both good news and bad news for people who are pursuing employment-based permanent residence. With regard to good news, the first and second employment-based preferences-- EB-1 and EB-2 --have returned to the dates that were indicated in the June bulletin, the last bulletin before this summer's "Visa Bulletin-Gate" fiasco created so much confusion and distress. EB-1 is now current for all countries. EB-2 is current for all countries except China (cut-off: January 1, 2006) and India (cut-off: April 1, 2004). The lack of movement for China and India is troubling and puzzling, since visa waiting lists normally move forward sharply at the beginning of the fiscal year which starts October 1. Lack of movement at this time indicates heavy demand, as well as the strong possibility that we are unlikely to see much forward movement in these two categories for awhile.
The news also is bad for those who fall into the third employment-based preference, as all EB-3 categories have retrogressed roughly two years beyond the cut-off dates from earlier in the summer. EB-3s from China now face a cut-off date of Sept. 1, 2001 and EB-3s from from India are facing a cut-off of April 22, 2001.
Given the stalled categories, as well as the continuing volatility for other cut-off dates and the extensive retrogression in the third preference, it is more important than ever to get expert legal advice, plan carefully, pursue permanent residence strategically, and watch movement in the Visa Bulletin closely.
MAJOR NEWS FLASH!!
CHANGES IN EMPLOYMENT-BASED VISA AVAILABILITY
REVERSAL OF UNPRECEDENTED JULY 2 BULLETIN
EFFECTIVE IMMEDIATELY: THE AUGUST 2007 VISA BULLETIN withdraws the July 2007 Bulletin as it relates to employment-based cases.
After consulting with U. S. Citizenship and Immigration Services (USCIS), the Visa Office advises all readers that Visa Bulletin #108 (dated July 2, 2007) is hereby withdrawn and Visa Bulletin #107 (dated June 12, 2007) should be relied upon as the current Visa Bulletin for purposes of determining Employment visa number availability.
The Office of Communications of USCIS released the following announcement on July 17, 2007:
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
“The public reaction to the July 2 announcement made it clear that the federal government’s management of this process needs further review,” said Emilio Gonzalez, USCIS Director. “I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.”
USCIS’s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month’s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007.)
All Employment-Based preference categories remain “Unavailable” for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume the categories will remain unavailable until October, which is the beginning of the new fiscal year.
For continuing updates regarding this unprecedented, frequently changing situation, please continue to monitor the HaydenLaw website or contact our office.
MAJOR NEWS FLASH!!
JULY VISA AVAILABILITY
UNPRECEDENTED ACTION BY U.S. DEPARTMENT OF STATE—VISA BULLETIN RETRACTED
On July 2, 2007 the U.S. Department of State issued the following unprecedented update that will immediately and adversely impact employment-based visa availability:
“The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under FY-2007 annual numerical limitation have been made available.
Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numberical limitation.
Department of State Publication 9514”
This is an unprecedented action by the Department of State. As a result of this action, Citizenship and Immigration Services has announced on its website at www.uscis.gov that it is rejecting adjustment applications (I-485) filed by all applicants whose priority dates are not current under the revised July bulletin.
Because employment-based visas will not be available until October 1, 2007 it is not possible to file an adjustment of status application requesting an employment-based visa until that date, unless the Department of State revises its current action.
We anticipate release of the next Visa Bulletin in mid-September, 2007. Until then, we will not know the new cut-off dates for various categories of employment-based adjustment applications. In addition, the length of delays faced by persons hoping to file adjustment of status applications will not be known until the release of the mid-September bulletin.
Persons currently preparing to file adjustment of status applications may wish to proceed and be ready to file on October 1, if the mid-September bulletin allows.
HaydenLaw will continue to move adjustment applications toward completion with the expectation that we will be able to file them on October 1. However, we do not encourage applicants to schedule their medical exams if they have not yet taken that step.
For continuing updates regarding this unprecedented situation, please continue to monitor the HaydenLaw website or contact our office.
MAJOR NEWS FLASH!!
The U.S. Department of State has announced that beginning July 1, all employment-based immigrant visa categories will become "CURRENT"-- with the exception of the "Other Worker" category, which becomes "Unavailable." ("Other Workers" are immigrants whose jobs require less than two years of education, training or experience.)
When an employment-based visa category becomes "CURRENT," this means all potential immigrants in that category who have established a priority date either through filing a Labor Certification or an employment-based petition (Form I 140) may quickly finalize an immigrant visa application outside the U.S.or file for adjustment of their status if presently in the U.S. and certain conditions are met. ("Unavailable" means persons in that category may not process immigrant visas abroad or adjust status in the U.S. until visas become available again, usually in a few months.)
This is extremely good news for persons who have waited many years in long visa lines, particularly persons born in India and the People's Repubic of China (PRC), as well as persons whose jobs did not require an advanced degree or the equivalent.
We encourage all visitors to the HAYDENLAW site who may benefit from this major announcement to contact us so we can prepare and file the correct paperwork before the filing fees charged by U.S. Citizenship and Immigration Services (USCIS) increase dramatically on July 30, 2007.
News Flash
USCIS Introduces Online Address Change Feature.
U.S. Citizenship and Immigration Services has launched a new web-based service allowing USCIS customers to submit change of address information online.
The form is available at: http://www.uscis.gov/AR-11
All non-citizens are required to submit an Alien Change of Address Card (Form AR-11) within 10 days of changing their address. In addition to the new web-based service, USCIS will continue to accept hard copies of this form through the mail.
News Flash
To better serve our clients, HaydenLaw recently began using a new case management system.
This new system will allow our clients to access their files online.
Clients will be able to check and see which documents are still required, fill out forms online and read messages from their case manager.
In order to facilitate the change, the HaydenLaw staff will be in training from Monday, May 22nd to Wednesday, May 24th.
We will not be answering our phones as all staff members are required to attend the training.
We will check our messages periodically throughout the day and get back to you as soon as we can.
Thank you.
News Flash
COLLEGE AND UNIVERSITY TEACHERS
College and University Teachers who were selected for their current job opportunity through a “competitive recruitment and selection process” can avail themselves of special streamlined labor certification recruitment and documentation procedures if they file their application within 18 months of their selection.
In this scenario, all prior recruitment undertaken by the College or University that led to the selection of the alien for the teaching position can be used to satisfy the recruitment component of the labor certification process. Even when the application cannot be filed within the 18 month time frame, certain advantages can still be enjoyed by College or University Teachers who avail themselves of the labor certification process. Please contact our office for further details.
Special Announcement
Haydenlaw is pleased to announce that we are expanding the services we offer beyond consular processing. We are now also available to help with filing all types of Nonimmigrant and Immigrant Visa Petitions with Citizenship and Immigration Services, as well as Adjustment of Status Applications, and to prepare the paperwork associated with Immigrant Visa Processing overseas. For more information on these services please email us at visainfo@haydenlaw.com or call our office at 323-465-0550.
News Flash
H-1 B EXTENSIONS
If you have an approved I-140 Immigrant Worker Petition (in the First, Second, or Third Preference category), you may qualify for extension of your H-1B status for up to three years beyond the H-1B six-year limit, if your priority date is not current due to per country visa limitations.
This new program is separate from the benefit that currently allows extensions of H-1B status in one-year increments, beyond the six-year limit, when 365 days or more have passed since the filing of an application for labor certification OR the filing of an employment-based immigrant petition.
If you believe that you may be eligible for this new benefit, please contact our office for a full evaluation.
Welcome
HaydenLaw would like to welcome the newest member of our team--Devjani Mukherjee is joining us as Client Information Administrator.
We are happy to have her in the office.
You can meet Devjani and learn more about her here.
Thank you.
News Flash
HAVE YOU MOVED LATELY?
Most people don't know that it is a deportable offense for any foreign person living in the United States to fail to notify Citizenship and Immigration Services of a change of address within 10 days of moving.
For a link to the official Change of Address Form AR-11 and instructions on how to complete this form and where it should be sent, please go to
http://uscis.gov/graphics/formsfee/forms/ar-11.htm
News Flash
USCIS ANNOUNCES FEE ADJUSTMENTS
U.S. Citizenship and Immigration Services (USCIS) announced on September
26 a revised fee structure for immigration benefits. The new fees
became effective on October 26, 2005 and will add an average of $10 to
each application and petition. A list of the new fees may be found at http://www.uscis.gov.
HAYDENLAW is an immigration law firm that provides a high level of personalized service to our clients. Our unique team approach involves knowledgeable attorneys and an exceptional support staff who give individual attention to every case.
Thank You,
Frances Hayden and the HaydenLaw Staff
~ Nothing on this or associated pages, documents, comments, answers, email, articles or other communications should be taken as legal advice for any individual case or situation. For legal advice, consult an attorney experienced in immigration law. ~
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