LATEST IMMIGRATION NEWS
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
MARCH 2000
DOL Region III will have a new address and phone numbers, INCLUDING THE LCA FAXBACK NUMBER, effective April 10, 2000. The faxback system will be shut down April 6 and resume April 10, to accomodate the move.
Attorney General grants Temporary Protected Status for Angolan nationals, effective through March 29, 2001. (65 FR 16634, 2/29/00)
The Employment and Training Administration announces availability of grant funds, generated from H-1B user fees, for skill training programs for unemployed and employed domestic workers. (65 FR 16658, 3/29/00)
Voluntary departure may not be granted prior to the completion of removal proceedings without an express waiver of the right to appeal by the alien or the alien’s representative.
A State Dept. cable reminds posts of the requirement that students obtaining F-1 visas for public schools and adult education programs have reimbursed the schools for the cost of their studies, and that such visas are limited to 12 months.
INS HQ advises the field regarding fees for family unity applications under the Hernandez v. Reno settlement.
INS informs its field offices of the enactment of a law permitting the adoption by the same parents of children less than 18 years old who are the sibling(s) of a child adopted while under the age of 16.
INS clarifies issues relating to I-864 affidavits of support, including the circumstances in which an I-864 is needed, the fact that the sponsor needs to be qualified at the time of approval, not filing, and the types of documentation that are acceptable.
The INS issues its long-awaited guidance on what constitutes an advanced degree or the equivalent for EB-2 qualification requirements.
Assistant Secretary for Educational and Cultural Affairs redelegates duties relating to J Visa exchange visitor program. (65 FR 16238, 3/27/00)
The INS releases its adjudication priorities, including processing time goals, for fiscal year 2000.
FBI’s Criminal Justice Information Services Advisory Policy Board has scheduled a public meeting, June 13-14. Agenda includes overview of the use of INS records in relation to National Instant Criminal Background Check System. (65 FR 15923, 3/24/00)
BALCA Case Summaries by Joel Stewart will be included in April 2000 Immigration Law Today.
INS issues final rule implementing HRIFA §902. INS also issues notice continuing authority of Nebraska Service Center director to accept and adjudicate advance parole requests filed by qualifying Haitian dependents. (65 FR 15835 & 15924, 3/24/00)
Final regulation implementing NACARA §202, establishing procedures for adjustment. Accommodation made for applicants whose fee waiver request is denied after March 31 statutory filing deadline. (65 FR 15846, 3/24/00)
The State Department Liaison Committee reports on the information obtained in its tour of the National Visa Center. NVC processes and plans for the future were discussed.
The CSC reportedly has begun processing long-stalled applications for renewal of Family Unity status (Form I-817). The applications had been severely backlogged; at last report, extension applications with filing dates of April 1997 were still pending.
A firearms offense that renders an alien removable under §237(a)(2)(C) of the INA, is not one “referred to in §212(a)(2)” and thus does not stop the further accrual of continuous residence or continuous physical presence for purposes of establishing eligibility for cancellation of removal.
The full text of the 'Helping to Improve Technology Education and Achievement Act of 2000'
AILA Issue Paper on INS Reorganization
INS Press Release explaining the provisions of the Final Regulation for HRIFA. Applications may be submitted at a local INS district office, sub-office or service center during the March 27-31, 2000.
Link to U.S. district court decision granting INS's motion for summary judgment and dismissing the Elian Gonzalez case.
INS Press Release explaining the provisions of the Final Regulation for NACARA section 202 filings. Allows filing of adjustment at INS local and sub offices from March 27 until the March 31, 2000 deadline.
DOS has advised AILA that the procedures and filing address with respect to J waivers will change effective March 31, 2000.
State Dept. interim rule designates Logicon, Inc. to administer the Irish Peace Process Cultural and Training Program visa ('Walsh Visa') program, with duties to include identification of employers for job training opportunities and certification of individuals to participate. [Federal Register: March 17, 2000 (Volume
TPS for Guinea-Bissau has been extended by operation of law for 6 months, until 9/10/00. INS will not continue the designation after that date. Re-registration for the 6-month period must be filed by April 19, 2000. [Federal Register: March 20, 2000 (Volume 65, Number 54)]
DOS regulations describe the process for obtaining a Q-2 visa under the Irish Peace Process Cultural and Training Program, for certain nationals of Northern Ireland and some counties of Republic of Ireland to develop job and conflict resolution skills. [Federal Register: March 17, 2000 (Volume 65, Number 53)]
INS regulations describe the qualifications for Q-2 status, under the Irish Peace Process Cultural and Training Program, for certain nationals of Northern Ireland and some counties of Republic of Ireland to develop job and conflict resolution skills. [Federal Register: March 17, 2000 (Volume 65, Number 53)]
REVISED: 'H-1B Program: America's Home Court Advantage in Global Competition.' Freely distributable.
Notification that there are a sufficient number of H-1B petitions pending at the Service Centers to reach the FY 2000 H-1B cap. Allows those in F and J status with timely filed H-1Bs to maintain duration of status.
U.S. INS advises that, adding together cases approved and pipeline cases, it has reached the H-1B cap for this fiscal year. Advocacy is needed on legislation to increase the quota on H-1Bs.
This notice provides an update of the HHS poverty guidelines to account for 1999 increase in prices as measured by the CPI. [Federal Register: February 15, 2000 (Volume 65, Number 31)]
An INS field memo states that a person paroled into the U.S. no longer has an H or L nonimmigrant status and thus cannot have such status extended. It also discusses other issues related to H and L nonimmigrants with pending adjustment of status applications.
AILF's March 15, 2000 letter urges the INS to issue regulations governing certification for the remaining categories of healthcare workers under IIRAIRA §343, and informs INS of its intent to litigate if INS fails to issue the regulations by April 30, 2000.
Per recent amendment to Passport Act, application fees will be not refunded on basis of nonentitlement to passport. Refunds due only when fee was collected in error. Rule effective May 15 unless adverse comment received by Apr 17. (65 FR 14211, 3/16/00)
State Department proposes to establish fee of $50 for review of Form I-864 (Affidavit of Support). Fee is per sponsor; no additional fee required for essentially duplicative affidavits. Comments due by April 12. (65 FR 13253, 3/13/00)
Correspondence from INS Commissioner Meissner to Senator Spencer Abraham addresses concerns raised by the Senator with respect to the conduct of the outside audit of INS' methods for counting H-1B cases toward the cap.
Correspondence from Assistant Attorney General Robert Raben to Senator Spencer Abraham addresses concerns raised by the Senator with respect to the INS' methods for counting H-1B cases toward the cap.
In the suit against INS regarding denials of EB-2 petitions involving labor certification requirements of a master's degree or the equivalent, the INS has agreed to readjudicate specified cases. Such cases are sought by plaintiffs' counsel.
Summary of the 'Technology Worker Temporary Relief Act' (H.R. 3814), with comments prepared by AILA and the American Business for Legal Immigration coalition, of which AILA is a member.
The Advocacy Update includes the latest news from Congress and issues in the media.
INS changes its policy to declare that, if an individual departs the U.S. after expiration of status but while a timely filed change or extension of status request is pending, the individual ordinarily will not have accrued unlawful presence for 212(a)(9)(B) purposes.
INS changes its policy to declare that, if an individual departs the U.S. after expiration of status but while a timely filed change or extension of status request is pending, the individual ordinarily will not become subject to section 222(g).
INS announces that, as of 2/15/00, it has recorded approximately 67,000 H-1B approvals against the FY 2000 cap, and has approximately 44,000 petitions pending. INS does not know how many of those 44,000 petitions are chargeable against the cap.
Full text of legislation introduced by Representative Lamar Smith (R-TX) on March 2, 2000 to increase the H-1B cap for FY 2000 only. Introduced legislation must first be voted upon in Committee and then approved on the floor of both houses of Congress before going to the President for signature.
As AILA members ready themselves for the imminent announcement that the H-1B cap has been reached, AILF is prepared to file suit. But plaintiffs are still urgently needed. Please click here for more information.
If your clients have suffered any concrete injuries because of INS's delay or failure to process I-817 Family Unity applications, please submit the Family Unity Application Delay Questionnaire.
CONNECT! A monthly newsletter on business immigration. Freely Distributable! (Click on PDF document for formatted Newsletter.)
Today, Representative Lamar Smith (R-TX), Chairman of the House Immigration Subcommittee, and three other co-sponsors introduced his H-1B bill, the Technology Worker Temporary Relief Act (no bill number assigned yet). The text of the actual legislation and AILA's summary will be posted as soon as they are available.
March 31, 2000, NACARA section 202 adjustment deadline and the impact on potential applicants outside the U.S.
Correspondence from Sen. Abraham to Commissioner Meissner critiques INS' instructions to its auditors regarding the H-1B count review and suggests alternative approaches.
For more information about any news piece presented in our library, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed by an attorney.