LATEST IMMIGRATION NEWS
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
APRIL 2000
The U.S. Department of State answers some questions regarding the new 212(e) waiver procedures.
A press release from the Texas Attorney General announces the prosecution under the state's deception practices law of an individual who sells a document she falsely claims to be work authorization and protection against deportation. Courtesy of Paul Parsons.
In correspondenc, the U.S. INS indicates that employers are not required to notify INS if it terminates an employee on whose behalf an I-140 petition had been filed.
In correspondence, the U.S. INS indicates that an amended H-1B petition is not required in a successorship situation, unless a new LCA is required under DOL regulations. Timing of amended petitions and the need for the $500 fee also are addressed.
AILF has filed amicus briefs in two cases pending before the Ninth Circuit on the 'stop time' rule issue: Whether someone can accrue the requisite period of continuous physical presence AFTER service of the OSC/NTA.
A DOS cable requires Security Advisory Opinion clearance for visa issuance to Yugoslav or Serb officials and nationals who are part of the military, suppress freedom, or engage in financial transactions that support the gov't, or to their close relatives or associates.
A State Dept. cable issued last year reminded posts of regulations prohibiting certain trade with Yugoslavia and of the resulting visa ineligibility for persons whose activities may violate those provisions
Office of Refugee Resettlement invites eligible entities to submit grant applications for microenterprise development for refugees. (65 FR 19784, 4/12/00)
HHS Office of Refugee Resettlement issues notice of availability of FY 2000 discretionary funds for technical assistance in six categories of programs that assist refugees. Application deadline is June 20. (65 FR 21454, 4/21/00)
Thomas Cook, INS' Assistant Commisioner, Benefits, has provided AILA with information regarding some of the Adjudications Division's current projects and rulemakings.
INS sends a noncommittal response to a letter from AILF threatening a lawsuit if regulations on the remaining classes of healthcare workers are not published by 4/30/00.
The appeals court enjoined the removal of Elian Gonzalez, rejecting INS' argument that a child cannot apply for asylum on his own behalf and noting that INS, by refusing to consider this asylum application, has 'disregarded the command of Congress.'
DOJ announces grants for education programs about rights afforded potential victims of employment discrimination and responsibilities of employers under INA’s anti-discrimination provisions. Applications due June 5. (65 FR 21014, 4/19/00)
Bureau of Consular Affairs amends table at 22 CFR §41.12 to remove H-1As and add H-1Cs, and amends table at §41.11 to include NASA employees and dependents in SK1, SK3, and SK4 categories. (65 FR 20903, 4/19/00)
The State Department now maintains its Reciprocity Tables on the internet, at http://www.travel.state.gov/reciprocity/index.htm
This Legislative Update includes the latest news from Congress and issues in the media.
The following is a summary of recent federal court decisions, organized by topic. It focuses on decisions from the Sixth, Seventh, and Eighth Circuit Courts of Appeals. Article by Nadine Wettstein of AILF. [originally posted on April 10; correcting an incorrect cite for Pak v. Reno, 196 F.3d 666 (6th Cir. 1999)].
AAO held that a joint venture equally owned by two parent companies is a subsidiary within the meaning of INA §203 (b)(1)(C); 8 USC §1153 (b)(1)(c), because either parent may control the company through the use of its veto power.
BALCA Case Summaries.
Applying a 2-year limitation on claims that defendants were not advised of the immigration consequences of their pleas, the Florida Supreme Court holds that those who discovered the threat of deportation prior to this decision have two years to file.
A final regulation from EOIR adds a second Vice Chair position and 2 new member positions to the BIA, thereby expanding the Board to 21 permanent members. (65 FR 20069, 4/14/00)
Effective immediately, the DOS will charge fees for J-1 program services ranging from $43 for nonroutine IAP-66 handling, to $198 for program extensions, changes and reinstatements, to $799 for program designations. (65 FR 20083, 4/14/2000)
The INS interim regulation of 5/23/97, relating to adjustment of status for nationals of Hungary and Poland who were paroled into the U.S. between 11/1/89 and 12/31/91after being denied refugee status, is finalized with minor changes. (65 FR 20069, 4/14/00).
Memo issued from the Office of the Chief Immigration Judge providing guidance on policy and procedures for asylum request processing. Supersedes OPPM 96-1 and draft OPPM 97-4.
The Office of the Vice President announces an Administration proposal to move the registry date to 1986.
EOIR announces their new Pro Bono Coordinator who will expand its customer service initiatives.
INS seeks to revise the H Supplement to Form I-129. Comments are due 5/30/00. See Federal Register notice [65 FR 17309, 3/31/00]
The U.S.C.A. for the Ninth Circuit rules that indefinite detention for "lifers" is not authorized by Congress. The Court did not reach the Constitutional issue, but decided the statute on other grounds. The Court found that the INS can only detain an alien for a "reasonable period" of time.
The following is a summary of recent federal court decisions, organized by topic. It focuses on decisions from the Sixth, Seventh, and Eighth Circuit Courts of Appeals.
Link to House Education and Workforce Subcommittee on Oversight and Investigation page for testimony from this hearing.
Plaintiffs' counsel seeking a class action lawsuit on EB-2 equivalency issues announces a joint stipulation for INS readjudication of certain previously-denied EB-2 petitions.
The report by INS' outside auditor regarding 1999 H-1B count concludes, based on INS-provided data and guidance, that (at a 95% accuracy rate) INS approved 136,888 to 138,385 petitions in FY99 that were subject to the cap.
A brief INS summary of its outside auditor's review of the 1999 H-1B count announces INS' belief that it approved 21,888 petitions in excess of the fiscal year 1999 cap of 115,000.
INS will readjudicate employment-based second preference I-140 petitions based on labor certifications that include a requirement of a bachelor's degree and 5 years of experience, under a joint stipulation with plaintiffs in Chintakuntla v. INS.
The Advocacy Update includes the latest news from Congress and issues in the media.
In view of pending legislation that could extend NACARA and HRIFA filing deadlines, INS will 'hold off' removal for those who could have been eligible had they filed on time. Action on HRIFA dependents will be deferred 60 days to allow time for filing.
Interim rule, conforming to practice but contrary to existing rule, imposes tougher “clear & convincing” burden for INS revocation of naturalization; rule also states that DD may still make decision after 180 days. Comments due 5/30. (65 FR 17127, 3/31/00)
Full Text of H.R. 4056 - Agricultural Job Opportunity Benefits and Security Act of 2000
Comments on the Form I-129W, which must be filed with all H-1B petitions starting 3/31/00, are being sought by INS. Issues regarding use and structure of the form, completion time, and other suggestions for improvement are appropriate for comment. [65 FR 17309, 3/31/00]
INS is seeking comment on a revised Form I-129. The proposed revised form itself was not included in the Federal Register, and will be posted separately once it is obtained. [65 FR 17309, 3/31/00]
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