LATEST IMMIGRATION NEWS
Last updated: Thursday, May 31, 2001
Presentation © Copyright 1998-2001. VIKRAM BADRINATH, P.C. All rights reserved.
MAY 2001
INS provides guidance on filing of late legalization applications under LIFE. The one-year filing period will begin on June, 1, 2001. (See PDF)
State Dept. advises posts on the use of the B-1 visa for building and construction work.
The State Dept. advises posts that they should start using new Forms DS-156E (replacing OF-156E), DS-156K (replacing OF-156K), and DS-117 (replacing DSP-117). The forms will be available on the DOS website in the near future.
State Dept. instructs posts regarding provision of notices about the dangers of female genital mutilation and the consequences of conducting it in the U.S.
The Texas Service Center has made available a fact sheet regarding the upcoming Premium Processing Program.
A list of all occupations certified by DOL from June 1, 1999, to May 21, 2000. The occupations are listed by both the DOT code and by job title, and include the total number certified during that 12-month period.
Federal Court Rules in Favor of Immigrant Investors. The May 3, 2001 decision by Federal District Judge George H. King in Chang v. United States, No. CV-99-10518-GHK (AJWx) (C.D. Cal. May 3, 2001) rules that the INS may not automatically apply new rules retroactively to certain immigrant investors. Rather, the INS must allow investors a chance to prove that retroactive application of the new rules would hurt them.
Approx. 90,000 applicants have been registered and notified and may now make an application for an immigrant visa. It is likely that all DV-2002 numbers will be used during FY 2002.
INS Fact Sheet on the Syrian Adjustment Act (P.L. 106-378), which allows up to 2,000 eligible Syrian nationals who were previously granted asylum in the U.S. to obtain permanent residency independent of the annual statutory limit.
The House on May 21 passed a limited extension of Section 245(i) by a vote of 336-43. H.R. 1885 only extends setion 245(i) by four months. We need your advocacy efforts to ensure the Senate will pass a bill more akin to S.778 extending section 245(i) by one year.
This is a questionnaire for potential plaintiffs in the lawsuit regarding asylee adjustment backlogs and EADs, planned by the American Immigration Law Foundation. Please see accompanying Frequently Asked Questions document, also posted.
Frequently Asked Questions (FAQ) for potential plaintiffs in litigation being planned by the American Immigration Law Foundation. Please also see Questionnaire for Plaintiffs, also posted.
Interim rule (effective 5/17/01) discusses eligibility requirements/application procedures that apply for Adjustment of Status, for certain Syrian Nationals granted asylum, as provided by Public Law 106-378. Submit comments before 7/16/01. (66 FR 27445, 5/17/01)
Senator Brownback, chair of the Senate Immigration Subcommittee, submitted a letter to DOL commenting on that Department's regulations with respect to H-1B labor condition applications.
DOS designates the 'Real IRA' (AKA the 'Real Irish Republican Army,' 'RIRA,' '32 County Sovereignty Committee/Movement,' 'Real Oglaigh na hEireann,' and 'Irish Republican Prisoners Welfare Association') as a foreign terrorist organization. (66 FR27441, 5/16/01)
Old Border Crossing Cards (BCCs) issued by INS to Mexican citizens will expire September 30, 2001. Old BBCs, Form I-186 or I-586 must be replaced with the new laser visa card, which is both a BBC and a B1/B2 visitor's visa.
INS expects to publish the LIFE Legalization Regulations sometime in May. INS assures applicants that they will have the full one-year application period to apply for this benefit.
The U.S. INS reports that as of 3/7/0, approximately 72,000 H-1B workers had been approved against the 195,000 limit for FY 2001, which ends on 9/30/01.
INS announced that persons eligible for 'V' status in the U.S. must wait with their applications until 'V' regulations are published in the Federal Register. Regulations are expected to be published sometime in May. DOS started processing 'Vs' abroad on 4/2/01.
The U.S. INS announces the extension of the designation of Honduras under the Temporary Protected Status (TPS) Program. TPS for Honduras will now expire on July 5, 2002. (66 FR 23269, 5/8/01)
The U.S. INS announces the extension of the designation of Nicaragua under the Temporary Protected Status (TPS) Program. TPS for Nicaragua will now expire on July 5, 2002. (66 FR 23271, 5/8/01)
The U.S. INS HQ advises the field not to initiate proceedings against section 245(i) applicants based solely on an application or petition filed on or after April 27, 2001. This prohibition ends if and when the petition or application is denied. (See PDF).
INS memo offers an analysis of the situation for asylees and refugees, who leave the United States without appropriate travel documents.
The U.S. INS now considers asylees to enjoy permanent employment authorization as part of their refugee status. Asylees are now eligible for unrestricted social security cards that can be presented to their employer as proof of employment eligibility. See memos from the Department of Health and Human Services.
INS Grants 12-Month Extension of TPS for Eligible Hondurans and Nicaraguans. Extension is to July 5, 2002, and covers those individuals who entered the U.S. before December 30, 1998.
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