ImmInfo News

New Rand Corp. report questions continuing US competitiveness in Science and Technology given current immigration laws.

A new report by the Rand Corporation questions the ability of the United States to maintain leadership in science and technology with current inadequate immigration laws in place. To read the report, click here.

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

USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:  

1.  Who are currently in an H-1B nonimmigrant status;

2. Whose sixth year will end within 60 days;

3. 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

4. Who are ineligible to extend their H-1B status under section 106(a) of AC21.

To read the press release, click here.

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

The DHS Secretary announced that the CIS will being issuing EAD cards with two year validity starting this month. To read the announcement, click here.

The Dept of Justice Inspector General criticized the FBI over name check issues

The DOJ Office of Inspector General has issued a report strongly criticizing the FBI over the issue of background name checks. To read the report, click here.

The E-Verify program is now mandatory for all federal contractors

In an executive order signed June 6, 2008, registration in the E-Verify program became mandatory for all federal contractors. To read the Executive Order, click here.

DHS has issued a new rule concerning pre-screening for all visa wavier visitors.

All persons wishing to come to the US using the visa waiver program will soon have to complete Internet pre-screening before being allowed to board their aircraft. To read the new rule, click here.

CIS changes the courier address for family based AOS applications

 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.

CIS is centralizing naturalization processing.

The CIS announced that it is now centralizing all naturalization processing in the National Benefits Center. N-400 applications will still be submitted to the regional service center having jurisdiction over the applicant's place of residence, and interviews will still be held in local CIS offices, but all other processing will be done at the NBC.  To read the CIS announcement, click here.

CIS issues supplemental OPT FAQ

The CIS has issued a supplemental FAQ concerning the new OPT rules for "cap gap" and STEM graduates. To read it, click here.

The May ImmInfo Newsletter is available

The May, 2008 ImmInfo Newsletter has been released as is available for viewing. To read it, click here.

The CIS proposes to extend TN stays to three years.

The CIS has published a new regulation that will give TN nonimmigrants stays of three years, up from the current one year. To read the rule, click here. To read the CIS press release, click here.

CIS releases latest estimate of naturalization processing times

The USCIS has released its latest estimate of naturalization processing times, by office. To view it, click here.

CIS conducts the H lotteries

The CIS conducted their H lotteries on April 14th. The first was for the 20,000 master's cap exemption. The second was for the regular H quota. To read more, click here.

CIS releases preliminary H count

The CIS has released a preliminary count of the number of H petitions they received in the April 1st through 8th filing window. To read their press release, click here.

CIS releases Q&A on the new OPT rule

The CIS has just released a new set of questions and answers concerning the new OPT rule. It is highly informative. To read it, click here.

OPT final rule published

DHS published the OPT final rule extending OPT to 29 months for STEM graduates and providing "cap-gap" protection for all H applicants. To read it, click here.

OPT info sheet released

DHS releases info sheet on OPT proposed regulation. To read it, click here 

ICE proposed rule extending OPT for some students to 29 months

The ICE proposed rule, extending OPT to 29 months for STEM graduates and also providing permanent "cap-gap" coverage is now available. To read it, click here.

CIS announces projected reduction in naturalization processing times

The CIS has announced that they believe that they can reduce expected naturalization processing times down to approximately 13 months. To read their press release, click here.

CIS announces a plan to reduce FBI name check delays

The CIS has announced a plan to reduce FBI name check delays. To read the press release, click here.

CIS publishes a supplemental notice of proposed rulemaking concerning "no match" letters

The CIS is taking the unusual step of complying with the law and actually seeking public comment on their regulations concerning Social Security "no match" letters. To read the supplemental notice of proposed rulemaking, click here.

CIS publishes new H-1B rules.

The CIS has published its new H-1B rules prohibiting multiple filings by an employer on behalf of the same beneficiary, as well as expanding the filing window to five days. To read the regulation, click here.

CIS to conduct after hours, weekend nats. interviews

The CIS has announced that they are going to schedule naturalization interviews in the evenings and on weekends in an attempt to reduce the massive naturalization application backlog. To read more, click here.

CIS Summary of the new H-1B rule.

The CIS has issued a summary of the provisions of their new H-1B rule. To read more, click here.

CIS Fact Sheet on the new H-1B rule.

The CIS has issued a fact sheet on the new H-1B rule. To read more, click here.

H-1B Job Expansion

The National Foundation for American Policy has issued a report that shows that hiring an H-1B worker generally results in the hiring of five additional supporting staff. To read more, click here.

Talent Search

The National Foundation for American Policy has issued a report on the search for talent to fill jobs in shortage occupations in the US economy. To read more, click here.

Immigration legislation is moving quietly in Congress

There is a possibility that the Congressional Hispanic Caucus, the group currently blocking immigration legislation in Congress, may be willing to budge on some issues and allow a "small" immigration bill to proceed. The CHC has taken a position that it will not allow legislation to move through Congress unless an amnesty bill is considered. There is a chance that they may be willing to allow very limited non-amnesty legislation to proceed.  To read more, click here.

FBI criminal immigration referrals increase substantially.

The FBI referred more than 41,600 cases to the Department of Justice last year for criminal prosecution, more than double the number from 2001. To read more, click here.

The CIS is worried that some employers may try to game the system during the H-1B filing rush.

The CIS is likely to publish regulations (at the last minute, as usual) to prohibit employers from attempting to game the system by filing multiple H-1B petitions for individual employees. Prospective sanctions are rumored to include a ban on all H petitions for offending employers. To read more, click here.

Revised vaccination requirements.

The government has released new vaccination requirements. To read them, click here.

CIS FBI name check results policy memo

The CIS has released a revised memo concerning their revised policy on FBI name checks. The new policy states that they will now waive receipt of the results after 180 days. To read the memo, click here.

CIS employee convicted of stealing fees, trashing applications.

A USCIS employee was recently convicted of stealing filing fees from newly submitted applications, then trashing the accompanying applications. Full story.

US farmer moves his business to Mexico

As a result of his inability to find legal workers in the US willing to work for what he was willing to pay, one US farmer has found a solution. He has moved his farm to Mexico where he now pays his workers one-tenth what he was paying in the US. Full story.

San Jose Mercury News reports that the fastest growing source of illegal émigrés is not what you think

The San Jose Mercury News reports that India is the source of the largest growing group of illegal émigrés. To read the story, click here.

USCIS: Backlog in Naturalization Applications Will Take Nearly Three Years to Clear

In an article published by By Muzaffar Chishti and Claire Bergeron of the Migration Policy Institute, the authors state

"According to previously unpublished figures that USCIS has given the Migration Policy Institite, during May, June, and July 2007, the agency received 737,223 applications — three-and-a-half times the number of applications (207,536) received during the same period a year earlier. As of October 2007, USCIS had almost 1 million naturalization applications pending approval. "

South Carolina county government to begin auditing all businesses for I-9 compliance

Beaufort county (South Carolina) will begin auditing all employers doing business there for I-9 compliance starting next month. This appears to be the first instance of a state or local government proactively verifying the employment eligibility of all workers within its jurisdiction. The county executive did not say whether the country would try to match the names on the I-9 forms with the social security numbers used. To read more, click here.

March Visa Bulletin

The Visa Office released the March visa Bulletin today. There is one pleasant surprise. The Worldwide EB-3 cutoff date has advanced to January 1, 2005. With respect to further movement, the Visa Bulletin contains the following information:

"D.  EMPLOYMENT VISA AVAILABILITY

The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months.  Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop. "

CIS throws in the towel on FBI name check results

The CIS announced on February 4, 2008 that they will no longer require FBI name check results for adjustment of status cases where the name check has been pending for more than 180 days. They will still require name check results for all naturalization cases, however.

Thoughtful editorial

A thoughtful, well written editorial on immigration assimilation and immigration policy was published in the Sunday, February 3, 2008 Seattle Times. Click here to read it.

New Research: High Skill Immigration Restrictions Driving Jobs and Innovation Offshore

[From http://www.competeamerica.org/} A new study by the National Foundation for American Policy (NFAP) concludes that U.S. technology companies, research labs and companies serving clients in a range of fields are being driven to pursue offshore hiring alternatives due to current and proposed restrictions on high-skill immigration.  

The study "Driving Jobs and Innovation Offshore: The Impact of High Skill Immigration Restrictions on America" can be found on the NFAP website at http://www.nfap.com/pdf/071206study.pdf.

Short term employment based legal immigration relief is still alive in Congress. For more information, click here.

The immigration service is now prosecuting randomly selected illegal entrants. In an attempt to provide a greater disincentive to illegal entrants, the immigration service is now criminally prosecuting randomly selected illegal entrants caught at the border. In the past, immigration would simply turn them around and release them. Under the new program, a significant number of illegal entrants will go to jail instead. For more, click here.

CIS contract workers are attempting to unionize at the service centers. Many of the delays within the CIS are attributed to union work rules that limit the number of cases that can be handled in a single day by a single individual. For more, click here.

Like the United States, Canada is also suffering from a shortage of IT professionals. It hopes to solve the problem through immigration. For more, click here.

The historic political coalition between Blacks and Hispanics may be breaking down over the issue of illegal immigration. For more, click here.

The Department of Homeland Security plans to begin data mining nine federal databases for information concerning foreign nationals. For more information, click here.

The Boston Herald reports the arrest of a man who falsely claimed to be an immigration lawyer and who defrauded approximately 60 foreign nationals of hundreds of thousands of dollars. For the full story, click here.