LATEST IMMIGRATION NEWS
Last updated: Sunday, December 31, 2000
Presentation © Copyright 1998-2001. VIKRAM BADRINATH, P.C. All rights reserved.
DECEMBER 2000
A summary of the provisions relating to H-1B dependent employers of the Department of Labor's H-1B regulations implementing ACWIA. The provisions of general applicability were summarized separately and posted to InfoNet on 12/22/00.
The new Form I-129W is now in effect. Its use is not yet mandatory, but the U.S. INS is encouraging the public to use it to save INS officer time.
INS finalizes its interim regulation requiring all TPS applicants who desire employment authorization to pay the I-765 fee, and authorizing issuance of EADs to TPS recipients for up to 18 months. (65 FR 82256, 12/28/00).
INS issues an interim rule, effective 1/29/01, to make clear that authority to grant parole from Service custody is delegated not only to district directors and the chief patrol agent, but to other INS designees. Comments are due 2/26/01. (65 FR 82254, 12/28/00).
A provision contained in final Omnibus budget measure includes a 'grandfathering' of Section 245(i) until April 30, 2001. This Q & A for the general public reviews the major issues of concern to potential beneficiaries. (In Spanish.)
A provision contained in final Omnibus budget measure includes a 'grandfathering' of Section 245(i) until April 30, 2001. This Q & A for the general public reviews the major issues of concern to potential beneficiaries. (In English.)
EOIR proposes a rule delineating the powers and authority of the EOIR Director, the Chair of the BIA, and the Chief IJ, and redesignating BIA members as Appellate Immigration Judges. Comments due 2/26/01. (65 FR 81434, 12/26/00).
State Dept. amends its regulations to indicate that an immigrant visa for a religious worker (other than a minister of religion) can bear a validity date no later than 9/30/03, the new sunset date for the religious worker provisions. (65 FR 80744, 12/22/00).
INS final rule for review process governing detention of persons ordered removed but whose removal has not been effected within 90 days. (65 FR 80281, 12/21/00).
The Department of Labor announces that, starting January 19, 2001, the current LCA forms may no longer be used, and the new 3-page LCA form will tak effect. Between 1/19/01 and 2/5/01, the faxback system will be down and only mail-ins will be accepted.
'LIFE' implementation: The President WILL SIGN the LIFE provisions on Thursday, December 21. Please go to InfoNet for answers to 'Frequently Asked Questions' about the new 245i grandfathering provision--this document will be posted by close of business today, December 21.
A proposed class action settlement in Walters v. Reno would vacate final orders issued against persons found to have violated section 274C document fraud provisions who were provided faulty information regarding their rights to contest the charges.
A Q&A from AILA discusses issues related to the Legal Immigration and Family Equity Act of 2000's provisions extending the 245(i) grandfathering date until April 30, 2001.
The DOS Visa Office provides to posts a copy of the questions and answers, and summaries of follow-up discussions, from its October 30, 2000 liaison meeting with AILA.
Visa Office cable advises posts of new procedures for immigrant visa processing and communicating with the NVC.
Provision contained in final Commerce, State, Justice Appropriations bill authorizing INS to collect a fee for genealogy research and information and a $1000 premium processing fee for expedited processing of certain employment-based petitions and applications.
The DOL's long-delayed H-1B regulations implementing ACWIA are published in interim final form. They take effect on 1/19/00, except for prevailing wage provisions that are effective immediately. Comments on the rule are due 2/20/01 and comments on the new LCA form are due 1/19/01. (65 FR 80109, 12/20/00) (Part 1 of 3).
DOL's H-1B regulations implementing ACWIA (see above posting) (65 FR 80109, 12/20/00) (Part 2 of 3).
DOL's H-1B regulations implementing ACWIA (see above posting) (65 FR 80109, 12/20/00) (Part 3 of 3).
Full legislative language of immigration provisions enacted by the 106th Congress as part of the end-of-session negoatiations.
Summary of major provisions included in end-of-session immigration deal (Legal Immigration and Family Equity Act -- LIFE).
INS memo advises that sole jurisdiction, by which a company could request that one Service Center handle all its petitions, will no longer be approved. Existing sole jurisdiction arrangements will continue for now, but are under review. (Please see PDF file for Memo.)
State Dept. will designate posts that will require payment of the $50 Affidavit of Support assistance fee prior to the consular officer's assessment of the sufficiency of the affidavit. (65 FR 78094, 12/14/00).
The Department of State's previously-published change in the process to collect the immigrant visa fees is stayed until January 1, 2001. (65 FR 78094, 12/14/00).
Collection of the Department of State's new affidavit of support processing fee is stayed until January 1, 2001. (65 FR 78093, 12/14/00).
The Department of State's previously-published designation of posts to collect immigrant visa fees under a new procedure is stayed until January 1, 2001. Also, posts that will collect Affidavit of Support fees are designated. (65 FR 78243, 12/14/00).
The INS publishes questions & answers regarding its recent asylum regulation on past persecution and relocation within a country.
The INS issues a Q&A on its recent regulatory proposals on gender-based persecution claims and Matter of R-A-.
The INS announces that it has completed processing of the employment authorization documents for Hondurans and Nicaraguans who re-registered for TPS.
An INS 'Fact Sheet' on the new Child Citizenship Act indicates the INS' position that persons who are 18 years of age or older on February 27, 2001, the effective date of the Act, do not qualify for citizenship under that Act.
The INS proposes changes to Form I-129W to account for the new categories of exemption from the training fee and the upcoming fee increase. This form is only proposed, and is not yet approved for use. (65 FR 70739, 11/27/00).
A proposed regulation would address definitions of 'persecution', 'social group', and persecution 'on account of' a protected characteristic, focusing principally on gender-based issues in light of Matter of R-A-. (65 FR 76588, 12/7/00).
Press release from plaintiffs' counsel announcing that the 9th Circuit, en banc, upheld the ability of persons filing as part of a 'late amnesty' class to obtain work authorization. Catholic Social Services v. Reno, Case No. 98-16269 (9th Cir., 11/21/00).
Press release from AILA member Robert Rubin regarding successful suits against the INS for false arrest.
The chief of the nonimmigrant visa branch in Paris provides information regarding applying for a nonimmigrant visa at that post.
INS' final rule governing asylum claims, addressing such issues as past persecution and the possibility of relocation within the home country. (65 FR 76121, 12/6/00)
AILF seeks situations in which the INS denied adjustment of status or the American Consulate refused to issue immigrant visas to beneficiaries of I-130s reinstated for humanitarian reasons after the petitioners' death as these beneficiaries were unable to present I-864 affidavits of support from the dead petitioners.
The Department of States provides details regarding INS' CIPRIS program, and the State Department's proposed role in the program.
A State Dept. cable discusses the history of the recent Visa Waiver Program legislation, and outlines the process for nominating a country for participation in the program.
The Department of State amends the reciprocity table for Cuba so that 6 months is the maximum period of validity for B-1/B-2 visas for nationals of that country.
INS advises Nicaraguans and Hondurans who re-registered for TPS, but have not received renewal EADs to contact INS.
Selected BALCA Case Summaries.
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