LATEST IMMIGRATION NEWS
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
FEBRUARY 2000
The INS has now released the modified Form I-129W. In accordance with regulations released today (65 FR 10678, 2/29/00), this form must be filed concurrently with all H-1B petitions, beginning March 30, 2000.
The U.S. INS has a form for complaining about misconduct of its employees, the filing of which is among the types of remedies that can be pursued in abuse of authority and other such instances.
The State Department has released its annual Country Reports on Human Rights Practices. The reports cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights.
INS adopts with amendments 11/30/98 interim rule concerning $500 fee for H-1Bs. Final rule, inter alia, clarifies allowable exemptions and modifies Form I-129W, which, effective Mar. 30, must be filed concurrently with all H-1Bs. (65 FR 10678, 2/29/00)
REVISED: 'H-1B Program: America's Home Court Advantage in Global Competition.' Freely distributable.
The BIA has ruled that an alien may not accrue the requisite seven years of continuous physical presence for suspension of deportation after service of the Order to Show Cause and Notice of Hearing, since service of the Order to Show Cause ends continuous physical presence.
An INS letter responding to an inquiry indicates that an individual who was paid by a temp agency while performing work for the transfering employer does not qualify for L-1 status. [Note that INS regard response letters as having no precedent value.]
The U.S. INS is very close to reaching the H-1B cap for this fiscal year, according to Linda Dodd-Major of the INS. The exact date that the cap announcement will be issued is still unknown.
INS General Counsel, has advised that the Orders to Show Cause in connection with the INS' raid on an Air Force facility in San Antonio have been withdrawn and INS will not pursue removal.
INS News Release reminds Nicaraguans and Cubans eligible to file for benefits under section 202 of NACARA that the closing date for filing an application for Adjustment of Status is March 31, 2000.
INS News Release reminds Haitian principal applicants eligible to file for benefits under the Haitian Refugee Immigration Fairness Act (HRIFA) that the closing date for filing an application is March 31, 2000.
INS submits information collection request regarding Fee Remittance Form for Certain F-1, J-1 and M-1 Nonimmigrants. Comments due by April 17. [See also related regulation proposed at 64 FR 71323.] (65 FR 8207, 2/17/00)
AILA's General Counsel corresponds with INS General Counsel regarding INS approach to counting H-1Bs.
U.S. INS and AILA's General Counsels discuss issues awaiting final resolution, including the H-1B count, the proposed EB-2 and 222(g) memos, and the disposition of the San Antonio workplace raid. Upcoming issues for liaison also were discussed.
The Vermont Service Center phone number has been changed to (802) 527-4913.
U.S. INS's User Fee Advisory Committee, which is responsible for advising the Commissioner on issues relating to air- and seaport immigration inspection services, has scheduled an open meeting for May 10, 2000 at 1:00 p.m. (65 FR 8209, 2/17/00).
EOIR proposes 150-page limit for documents filed with Seattle immigration court. Comments requested.
Cleveland, Ft. Myers, and San Jose airports added to those ports-of-entry within which international travelers passing through United States may apply for direct transfer without visa. Effective date: February 16, 2000. (65 FR 7715, 2/16/00)
Increase in inspection fee from $6 to $8 proposed. Comments due by April 18. (54 FR 7893, 2/16/00)
American Competitiveness in the 21st Century Act (S. 2045), which would increase the H-1B Cap to 195,000 for the current and next two fiscal years; introduced February 9.
New Bill to Help Economy keep growing; also ease skilled worker shortage.
The Department of State has issued a cable regarding procedures for revoking nonimmigrant visas.
Letter from Department of Justice regarding the INS' use of prosecutorial discretion to avoid the harsh consequences of IIRAIRA.
DOL’s Office of Workforce Security has announced the adverse effect wage rate (AEWR) for 2000 for employers seeking nonimmigrant alien workers for temporary or seasonal, agricultural labor and services. The AEWR is in effect starting February 4, 2000. (65 FR 5696, 2/4/00)
The DOS Office of Visa Services has submitted a proposal for collection of information entitled, Petition to Classify Special Immigrants under INA §203(b)(4) as an Employee or former Employee of the U.S. government abroad. Comments are due within 30 days. (65 FR 5717, 2/4/00)
Abstract of legislative update.
The INS has issued a Notice of Intent to prepare a Draft Environmental Impact Statement (DEIS) for implementation of Operation Rio Grande in McAllen, Texas. A public notice will be issued concerning availability of the DEIS for public review and comment. (65 FR 4999, 2/2/00)
The Chair of AILA's INS Enforcement Liaison Committee has sent a letter to the INS head of Enforcement protesting the recent arrest and detention of H-1B workers employed by contractor companies and working at an Air Force site in San Antonio, TX.
The Department of State has announced a new address for the filing of visa revalidation and reissuance applications.
Department of State processing times at various U.S. consulates.
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