Immigration Information Updates

CIS on-line case status system down

24 Jul 2008 19:22:33 GMT

The CIS has confirmed that their on-line case status system is temporarily down. This also affects the operations of their call center, so that people who call in to the CIS 800 number are unable to get information from the call center operators there.

Attempted revocation of an I-140 after an AOS has been pending for 180 days or more

23 Jul 2008 16:41:55 GMT

Though the issue was been settled by the CIS in favor of employees almost three years ago, many people still believe that an employer may revoke an I-140 for an employee who has ported to a new job after his or her I-485 has been pending for more than 180 days.

Sneak Preview of ESTA Web Tool Now Available

23 Jul 2008 16:40:53 GMT

The Electronic System for Travel Authorization is a new, fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program.

CIS Ombudsman's Report available

21 Jul 2008 19:19:16 GMT

The CIS Ombudsman's 2008 Annual Report to Congress is now available. Of particular interest is the convoluted explanation of how the CIS defines the term "backlog."

New CIS naturalization processing memo

11 Jul 2008 18:14:42 GMT

The CIS has just released to the public an April, 2008 memo describing new naturalization processing procedures. These procedures were developed to expedite the processing of the naturalization backlog.

DOL takes action against another law firm

8 Jul 2008 21:29:07 GMT

The DOL has announced that they are now requiring supervised recruiting for all PERM applications filed by the law firm of Cohen and Grigsby. This firm gained notoriety last year when a video of one of their employer seminars appeared on YouTube. This announcement follows on the heels of their earlier announcement that they are auditing all PERMs filed by the Fragomen firm.

New report comissioned by the Secretary of Defense questions US competitiveness in science and technology with current immigration laws.

16 Jun 2008 18:59:12 GMT

Is the United States in danger of losing its competitive edge in science and technology (S&T)? A new report from the Rand Corporation for the Secretary of Defense concludes that current U.S. immigration laws place the U.S. in danger of losing this edge.

More on the CIS limited reinstatement of I-140 premium processing

11 Jun 2008 19:39:23 GMT

USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens: Who are currently in an H-1B nonimmigrant status; Whose sixth year will end within 60 days; Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and Who are ineligible to extend their H-1B status under section 106(a) of AC21.

CIS to begin issuing two year validity AOS EAD cards this month

10 Jun 2008 21:35:07 GMT

The DHS Secretary announced today that starting this month the CIS will begin issuing EAD cards with two year validity periods.

Dept. of Justice Inspector General criticizes the FBI handling of name checks

9 Jun 2008 20:11:01 GMT

The U.S. Department of Justice, Office of Inspector General has issued a report highly critical of the way the FBI processes name check requests. The report also questions the validity of the FBI's results.

E-Verify now mandatory for all federal contractors

9 Jun 2008 17:09:08 GMT

In an executive order signed June 6, 2008, registration in the E-Verify program became mandatory for all federal contractors.

Immigration publishes final rule concerning pre-authorization for visa waiver travelers

9 Jun 2008 17:06:21 GMT

The final rule concerning the implementation of the new pre-screening requirement for visa waiver travelers was published today. The full rule will not go into effect until January. When it does, all persons wishing to travel using the visa waiver program will have to obtain pre-authorization via the Internet first.

CIS moves the Chicago lockbox delivery address

9 Jun 2008 16:55:35 GMT

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) moved the agency Lockbox to a new location in Chicago on May 28. While the Post Office Box address is the same, the move changes the address for deliveries by private couriers (non-USPS). The new address for deliveries by private courier is: USCIS: Attn: Please check Form Instructions for the proper Attn: information 131 South Dearborn, 3rd Floor Chicago, IL 60603-5517 Express courier services have agreed to forward packages to the new site for 90 days (until Aug. 24, 2008). During this transition period, USCIS will accept and process without delay all cases otherwise properly filed. Forms processed at the USCIS Chicago Lockbox include those associated with family-based adjustment of status, all Petitions for Alien Relative (Form I-130), and Temporary Protective Status.

June ImmInfo Newsletter available

9 Jun 2008 01:30:02 GMT

The June edition of the ImmInfo Newsletter is now available for downloading and reading.

Lawsuit seeks faster US citizenship processing

6 Jun 2008 18:09:22 GMT

A group of Muslim immigrants seeking U.S. citizenship sued federal officials on Friday, claiming they've been left in limbo for months or years because of slow background checks.

CBP announces new required pre-screening of visa waiver applicants

Ron Gotcher — 3 Jun 2008 22:25:29 GMT

The CBP has just announced that starting no later than October 15, 2008 all visa waiver visitors will be required to go on-line and obtain pre-approval before they will be allowed to board a flight to the US and enter using the visa waiver program. To read the announcement, go to http://cbp.gov/xp/cgov/newsroom/news_releases/06032008.xml. To read the fact sheet, go to http://www.dhs.gov/xnews/releases/pr_1212498415724.shtm and to read the FAQ, please go to http://www.dhs.gov/xnews/releases/pr_1212501117599.shtm

First military spouse naturalized overseas

2 Jun 2008 20:50:11 GMT

The USCIS has just naturalized the first military spouse in a foreign naturalization ceremony in Germany. This marks the very first time that a military spouse has been naturalized overseas.

Immigration Litigation

29 May 2008 21:44:52 GMT

What can you do when the CIS fails to do anything about your pending application or petition and you see cases getting approved that were filed long after your case was filed? The short answer is sue them. The CIS can be held accountable for their failure to act. If you can show that your application or petition has been pending for an unreasonably long period of time, you can ask a federal judge to order the CIS to act on it.

H-1B vs. EAD/AP – some thoughts

29 May 2008 18:19:38 GMT

People ask me every day whether they should use their EAD cards or H-1B classification for work authorization. In most instances, I recommend that they use EAD cards. I’d like to take a moment to discuss the reasons why I make this recommendation.

CHC at impasse over Democrats’ approach to immigration reform

28 May 2008 23:22:06 GMT

The Congressional Hispanic Caucus (CHC) appears to be at an internal impasse over whether to finally embrace the House Democratic leadership’s approach to immigration reform or continue to criticize it openly.

The CIS has released a new FAQ concerning the new OPT rules.

28 May 2008 23:19:51 GMT

In an effort to further clarify the new OPT rules, the CIS has released a new FAQ.

Its time to pull the teeth of the CHC

jrg@gotcherlaw.com — 15 May 2008 19:56:09 GMT

The Congressional Hispanic Caucus is determined to block all immigration legislation, no matter how important, unless and until there is an amnesty. It's time to do something.

May ImmInfo newsletter available

The May 2008 ImmInfo Newsletter is available for viewing.

CIS proposes new rule to extend TN stays

The CIS has published a new rule extending TN stays from one to three years.

CIS publishes press release on new TN rule.

The CIS has released a fact sheet on the new TN rule.

CIS releases naturalization processing times

The CIS has released estimated naturalization processing times, by office.

CIS conducts the H lottery

The CIS conducted the random H lotteries on Monday, April 14th.

CIS releases preliminary count of H filings

The CIS has released a preliminary count of the numbers of cases they received in the recent H filing rush.

CIS releases Q and A on new OPT rule

The CIS has released an informative set of questions and answers on the new OPT rule.

DHS publishes final OPT rule, effective April 8, 2008

DHS has published the final OPT rule providing 29 months of OPT for STEM graduates and "cap-gap" protection for students applying for H-1B classification.

ICE proposes to extend OPT to 29 months for STEM graduates

ICE is proposing to expand OPT for STEM graduates from 12 to 29 months. The same rule would provide permanent "cap-gap" relief for H-1B applicants.