Latest News: June 1999

LATEST IMMIGRATION NEWS

JUNE 1999

USIA Policy Statement on FMGs [30-Jun-99]
USIA announced in the 6-30-99 Federal Register a policy statement covering several program administration issues arising from the J-1 FMG program.

DOL Final Rule on H-2A Workers [29-Jun-99]
Effective 7-29-99, this rule reduces the time in advance that an H-2A must be filed from 60 to 45 days, allows housing to be inspected as late as 20 days before the date of need, and modifies the notification requirement for when H-2As depart for the employers place of business.

Notice of Pending Changes to I-352 [29-Jun-99]
Notice published in the 6-29-99 Federal Register that INS has submitted Form I-352, immigration bond, to OMB for review.

U.S. INS Philadelphia District Change to INS Benefits Payment [28-Jun-99]
Notice that payment by mail must be made by money order or certified check, and that payments in person by business check must be accompanied by a government-issued ID.

T.P.S. Filings for Hondurans, Nicaraguans due July 6 [26-Jun-99]
Hondurans and Nicaraguans who are eligible for TPS (announced earlier this year) must file their applications in order for them to be received by July 6, 1999. TPS applications (Form I-821) and employment authorization applications (Form I-765) must be filed with the Service Center having jurisdiction over the place of residence. All applications must be received by the Service Center by the close of business July 6, 1999 in order to be eligible.

U.S INS Corrected Interim Rule on NACARA [23-Jun-99]
Notice published in the 6-23-99 Federal Register concerning an omission in the interim rule published 5-21-99 about applicants for suspension of deportation and special rule cancellation of removal for certain nationals of Guatemala, El Salvador, and former Soviet bloc countries.

U.S. INS Press Release on the Return of Smuggled Chinese Aliens [23-Jun-99]
INS announced 6-22-99 the repatriation of 291 Chinese nationals. This is the second group of Chinese nationals repatriated to China since a surge of illegal smuggling vessels began targeting the island of Guam earlier this year.

Notice of Pending Changes to Form I-90 [23-Jun-99]
Notice published in the 6-23-99 Federal Register that INS has submitted Form I-90 to OMB for review.

Notice of Pending Changes to Form N-445 [23-Jun-99]
Notice published in the 6-23-99 Federal Register that INS has submitted Form N-445 to OMB for review.

Notice of Pending Changes to Form I-9 [23-Jun-99]
Notice published in the 6-23-99 Federal Register that INS has submitted Form I-9 to OMB for review.

U.S. INS Notice on Pending Revision to I-765 [22-Jun-99]
Notice in 6-22-99 Federal Register that INS has submitted a modified version of the I-765 form (employment authorization document application) to OMB for approval.

U.S. INS Correction Notice on F/J COS to H-1B Rule [22-Jun-99]
Notice in 6-22-99 Federal Register correcting a typographical error in the 6-15-99 rule on F/Js remaining in status pending an H-1B change of status.

U.S. INS Correction Notice on Kosovo TPS [21-Jun-99]
Notice in 6-21-99 Federal Register correcting a typographical error in the 6-8-99 notice on T.P.S. for Kosovo.

H-1B Cap Issues 1999 [18-Jun-99]
U.S. INS Office of Business Liaison Notice to Employers on recent H-1B changes.

Clinton Statement on Immigrant Children's Health Improvement Act of 1999 [18-Jun-99]
Statement by President Clinton, 6-16-99, on introduction of Immigrant Children's Health Improvement Act of 1999, "an important step in ensuring health care coverage for children."

Summary of section 236(c) [Mandatory Detention] Case List [16-Jun-99]
Under § 236(c) of the INA, Congress has recently given the U.S. INS expanded authority to mandatorily detain certain types of aliens without the possibility or eligibility for release on bond during the pendency of immigration proceedings to remove the alien from the United States. List of federal court decisions on the issue of mandatory detention.

U.S. INS Notice Re Change of Address Notifications for ABC Class Members [18-Jun-99]
6-18-99 Federal Register notice informs class members of American Baptist Churches v. Thornburgh of a change in procedures for notifying INS of an address change.

U.S. INS on Accepting Applications for AOS under 245(i) [18-Jun-99]
6-10-99 INS memo provides supplemental guidance to the 4-15-99 memo on adjustment of status under INA 245(i). In particular, this memo addresses the adjustment of persons who have filed I-140s and applications for labor certifications, for purposes of

U.S INS Improves Management of Detention Program [18-Jun-99]
INS Fact Sheet, 6-8-99, on INS detention programs. Includes discussion of INS proposed legislation and recent new INS resources to enhance detention efforts

U.S. INS Interim Rule on F/J NIVs Waiting for H-1Bs [15-Jun-99]
U.S. INS Interim Proposed Rule, published in the 6-15-99 Federal Register, on effect of H-1B cap on F/J NIVs seeking change of status.

U.S INS Proposed Rule on H-1B Processing [15-Jun-99]
U.S INS Proposed Rule, published in the 6-15-99 Federal Register, on processing H-1B petitions after annual cap has been reached.

U.S. INS Notice on H-1B Processing [15-Jun-99]
U.S. INS Notice published in the 6-15-99 Federal Register, on processing H-1B petitions after annual cap has been reached.

U.S. INS Press Release Announcing H-1B Cap Reached [14-Jun-99]
INS announced Friday that it will stop accepting H-1B visa petitions for FY99 employment of H-1B workers. The INS has determined that the 115,000 annual cap on the H-1B visa category for FY 1999 will be reached on June 15, 1999, based on petitions already filed.

U.S. INS Press Release on T.P.S. Extension for Kosovo [10-Jun-99]
INS Press Release, 6-8-99, on TPS Extension for Kosovo.

State Dept. Cable on Authorization to Issue Immigrant Visas to Certain Health Care Workers [09-Jun-99]
June 8, 1999 U.S. State Department cable discusses U.S. INS's April, 1999 interim rule on Health Care Workers.

State Dept. Cable on Consolidated Summary of INA 222(g) Guidance [09-Jun-99]
June 7, 1999 State Department cable summarizing the current guidance on INA 222(g), so that posts will have a quick, up-to-date resource that consolidates the key information contained in the various cables.

Gorbach v. Reno [09-Jun-99]
9th Circuit Decision, 6-4-99, that the the Attorney General does not lack statutory authority to reopen and reconsider her own orders of naturalization.

Ortiz v. Meissner [09-Jun-99]
9th Circuit Decision, 6-3-99, that the INA provides for interim work authorization only until administrative proceedings on the application have ended.

Extension of T.P.S. (Temporary Protected Status) for Kosovars Thru June, 2000 [08-Jun-99]
Extension and Redesignation of the Province of Kosovo in the Republic of Serbia in the State of the Federal Republic of Yugoslavia (Serbia-Montenegro) Under Temporary Protected Status thru 6/8/2000

EOIR Policy on UN Convention Against Torture [04-Jun-99]
May 14, 1999 EOIR memo on operating policies and procedures for the implementation of Article 3 of the UN Convention Against Torture.

U.S. INS Correction to June 1 Interim Rule on H and L Aliens [04-Jun-99]
U.S. INS Correction Notice to 6-1-99 Interim Rule on H and L Aliens.

Issue Paper - 245(i) [03-Jun-99]
AILA Advocacy Issue Paper on 245(i): 'A Matter of Family Unity and Common Sense.' Freely distributable.

HHS Proposed Rule on Medically Underserved Areas [03-Jun-99]
Health Resources and Services Administration of HHS will issue a second NPRM on Designation of Medically Underserved Populations and Health Professional Shortage Areas after evaluation of comments received, analysis of alternative approaches, and impact testing.

Issue Paper - IIRAIRA: Mandatory Detention [02-Jun-99]
IIRAIRA Issues - AILA Advocacy Issue Paper on Mandatory Detention: Immigrants Detained and American Families Pay the Price.

Issue Paper - IIRAIRA: Due Process [02-Jun-99]
IIRAIRA Issues - AILA Advocacy Issue Paper on Due Process: Recent Immigration Laws Go Too Far.

Federal Register Notice re Visa Denials for Certain Foreign Officials [02-Jun-99]
Visa may be denied to any alien who through the abuse of position, including a governmental or political party position, converts or has converted for personal gain real property that has been confiscated or expropriated, a claim to which is owned by a USC.

U.S. INS Interim Rule on H's & L's [01-Jun-99]
This rule amends and clarifies U.S. INS rules governing an H-1 and L-1 nonimmigrant's continued nonimmigrant status during the pendency of an application for adjustment of status. This rule also eliminates the requirement for those adjustment applicants who maintain valid H-1 and L-1 nonimmigrant status, and their dependent family members, to obtain advance parole prior to traveling outside the US.

U.S. INS on Post-Audit Policy for Adjustment Cases [01-Jun-99]
May 24, 1999 INS memo on expansion of interim post-audit policy for adjustment cases involving aging-out children cases where the U.S. INS awaits only CIA background checks to include DV applicants.

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