Past Issues of Immigration Newswire

Includes List of Articles

 

Edition Article Contents

Volume 6, Issue 7.
Why Should I Maintain My Nonimmigrant Status While My Adjustment of Status Application is Pending?
Grounds of Inadmissibility and Deportability in the Employment-Based Immigration Context
What’s the Difference Between Inadmissibility & Deportability?

Volume 6, Issue 6. August 6, 2007
Recap &Update on I-485 Filing Situation

Volume 6, Issue 5. May 21, 2007
DOL Publishes Final Rule, Eliminating Substitution, Creating Labor Cert Expiratoin Date
Consular Offices Resume I-130 Processing
L-1 Petitions Approved at POE Fail to Receive Approval Notices

Volume 6, Issue 4. April 23, 2007
USCIS Proposes Changes to Religious Worker Visa Requirements
Update on H-1B Masters Cap
DHS Amends Regulations Governing NOID and RFE Response Times

Volume 6, Issue 3. January 2, 2007
USCIS Fraud Investigations of Religious Workers Cause Problematic Delays
H-1B Filing Season: Making It Under the Cap & Other Issues
Update on Proposed USCIS Fee Hike
Toronto Consulate Visa Expedite Procedures

Volume 6, Issue 2. February 2, 2007
I-130 Petitions Can No Longer Be Filed at Consulates
Passports Required for Air Travel
Department of Labor May Do Away With Labor Certification Substitutions
H-1B Season is Fast Approaching
Address Change Now Available Online
USCIS Proposes Enormous Fee Increases

Volume 6, Issue 1. January 2, 2007
USCIS Advises on Period of Admission for H-4 and L-2 Nonimmigrants
BALCA Decision Raises Questions About Definition of "Employer" for Labor Certification Purposes
Retention of I-140 Priority Dates Where Previous I-140 Withdrawn
USCIS Sends Biolerplate RFEs on All I-360 Religious Worker Immigrant Visa Petitions

Volume 5, Issue 12. October 25, 2006
DOL to Create Safety Window on RIR Conversions
District Court Upholds NSC's "Single Foreign Degree" Requirement for EB-2 and EB-3 I-140 Petitions
DHS Publishes Notice on Background Check Modifications
Supreme Court Issues Favorable Ruling on Immigration Consequences of Drug Possession Convictions
DHS to Change Premium Processing Rules

Volume 5, Issue 11. October 25, 2006
Passports Required for All Air Travel to the U.S. Starting January 23, 2007
PERM Denials Indicate that Any Job Requirements Exceeding the SVP Are Not "Normal"
U.S. Eliminates Nonimmigrant Visa Issuance Fee for All Indian Applicants
Schedule A Quota Filled
DHS Investigations Target Religious Worker Visa Fraud

Volume 5, Issue 10. October 25, 2006
DOL Provides Additional Guidance on Processing RIR Conversion Requests
How Long Do My Consular Processing Documents Remain Valid?
Does AC21 Limit Availability of Post-6th Year H-1B Status to Those Currently Maintaining H-1B Status?
DOL Administrative Review Board Addresses When H-1B Employers Are Liable for Back Wages

Volume 5, Issue 9. October 9, 2006
Department of Labor Extends RIR Conversion Deadline
USCIS Expands Premium Processing to Additional I-140 Categories
Highlights from Customs & Border Protection Meeting
USCIS Paying Increased Attention to Status Violations When Adjudicating Applications for Immigration Benefits
DOL Confronts BALCA's First Decision on a PERM Case in Matter of HealthAmerica
Vermont Service Center Comments on Future Bispecialization Plans

Volume 5, Issue 8. September 18, 2006
Premium Processing Not Available for All EB-3 I-140 Petitions
Highlights of AILA Meeting With Social Security
USCIS Purports to Have Eliminated Naturalization Backlog
Bispecialization Part II: Adjustment of Status Applications

Volume 5, Issue 7. August 16, 2006
Passport Requirements to Change in 2007
USCIS Clarifies Language in Child Status Protection Act
Texas Service Center Clarifies Policy on Multiple I-140 Petitions
USCIS Memo Provies Guidance on Eligibility for Exemption from the H-1B Cap Under AC21 Section 103
USCIS to Disclose Certain Criminal Information About I-130 Petitioners to I-130 Beneficiaries
Vermont Service Center Transfers Thousands of Cases to Texas and California Service Centers

Volume 5, Issue 6. August 2, 2006
Should I Rely on USCIS's AC21 Guidance?
USCIS Reaches H-1B Exemption Cap for FY2007
USCIS to Expand Premium Processing to Some I-140 Petitions
USCIS Local Offices Will No Longer Accept Employment Authorization Applications
Real ID Act Amends the Terrorism Ground of Inadmissibility
US-VISIT To Be Extended to All Aliens Except for Canadian Visitors for Business or Pleasure

Volume 5, Issue 5. May 18, 2006
The H-1B Cap Is Filling Up Very Quickly
Department of State Provides Additional Helpful Guidance on Issuance of Student Visas
Department of State Comments on Movement of Immigrant Visa Numbers
Department of State Clarifies That 2-Year Foreign Residency Requirement Does Not Apply to Change of Status to E-3

Volume 5, Issue 4. April 27, 2006
Bispecialization Snafus
Benefits to I-360 Workers Who Self-Petition
Department of Labor Backlog Reduction Efforts
Changes to I-864 Affidavit of Support Filing Requirements
USCIS Issues Fact Sheet on Immigration Security Checks

Volume 5, Issue 3. March 31, 2006
USCIS Announces Change to I-129 and I-140 Filing Procedures, Effective April 1, 2006
Fiscal Year 2007 H-1B Petitions Can Be Filed Starting April 1, 2006
Department of State Announces Change in Earliest Issuance and Admission Dates for F, M, and J Visas
Recent BIA Decision Brings Into Question the Extent to Which Immigrants Can Rely on AC21
Submission of Phony Degrees to USCIS

Volume 5, Issue 2. February 16, 2006
Proposed Rule Would Change Certain PERM Procedures
National Visa Center Advises on Pending EB-3 Immigrant Visa Applications
Current PERM Issues
E-1 and E-2 Visas Now Available Through Vancouver
Panel Physicians Aggressively Seek Admissions of Drug Abuse by Immigrant Visa Applicants

Volume 5, Issue 1. January 18, 2006
H-1B Advanced Degree Exemption and H-2B Caps Reached
I Second That- When Should You Seek a Second Opinion?
Addressing the Legal Identity Crisis of Some Adjustment of Status Applicants: What Does it Mean that I'm a Parolee?
DOS Remarks on the Outlook for Employment-Based Immigrant Visa Numbers

Volume 4, Issue 16. December 28, 2005
State Department Realizes Students Have No Idea What They Want to Do With Their Lives
Form I-864, Affidavits of Support: Basic Overview
Overview of Labor Condition Applications (LCA's) Which Must Be Filed by H-1B Petitioners
Child Status Protection Act: Protecting Children from Aging Out

Volume 4, Issue 15. November 4, 2005
I-130 Petitions Can Now Be Filed at U.S. Consulates in Canada
Derivatives are Counted Against the Same EB Category as Principal Applicant
When is it Better to "Recapture" Time than to Extend L-1 Status

Volume 4, Issue 14. October 24, 2005
Employment-Based Visa Numbers Retrogress Further
Filing Fee Increase
Recapturing Time Spent Outside the United States

Volume 4, Issue 13. August 24, 2005
Cross-Chargeability: A Possible Way Out of the EB3 Backlog
Overview of Current PERM Problems and Issues
H-1B Cap Reached

Volume 4, Issue 12. August 11, 2005
H-1B Cap Almost Reached
New "Green Card" Filing Procedure in Place
The Three and Ten Year Bars REvisted: When It Helps to be Put Into Removal Proceedings
Starting August 31, 2005, DOL Will Not Allow Multiple Labor Certification Filings

Volume 4, Issue 11. August 3, 2005
Special Rights of American Indians to Travel Between United States and Canada
Nonimmigrant Visa Interview Requirement Added to the Immigration and Nationality Act
H-1B Cap Gap Legislation May Not Be Passed This Year
Updated on Cap Count for H-1B Visas

Volume 4, Issue 10. July 14, 2005
How Do I Prepare for a Nonimmigrant Visa Interview Without Paying a Lawyer?
DHS to Use Internet to Conduct Investigations During Adjustment of Status Interviews
Highlights from AILA Meeting with the Social Security Administration

Volume 4, Issue 9. June 9, 2005
Update on Immigrant Visa Processing at the US Consulate in Montreal
Dos and Don'ts for Interviews at a Port of Entry
Visa Number Retrogression in 2005
Marriage Between a Postoperative Transsexual and a Person of the Opposite Sex May Form the Basis for Family-Based Immigration Benefits

Volume 4, Issue 8. June 1, 2005
CBP Issues Favorable Guidance on Period of Admission for Religious Workers
DHS Investigators Show Up at Churches
How to Prove Eligibility for 7th Year H-1B Extension After Advent of PERM
CBP Reviews Emails of Arriving Alien Visitors
Immigrant Visa Fees Have Been Raised
TAL Clearances in Israel

Volume 4, Issue 7. May 18, 2005
USCIS Drafts Exceedingly Reasonable Memo on AC21

Volume 4, Issue 6. March 30, 2005
The Latest in the H-1B Saga
L-1 Fraud Fee at the Border
AAU Holds that Time Spent Outside the US During H-1B Validity Can Always Be Recaptured
Efren Hernandez Advises on Travel After a Change of Status With a Future Effective Date

Volume 4, Issue 5. March 16, 2005
USCIS Provides Additional (But Limited) Guidance in How They Will Issue the 20,000 New H-1B Numbers Allocated by Congress
Eligibility Requirements for 245(i)

Volume 4, Issue 4. March 9, 2005
USCIS Interprets H-1B Visa Reform Act of 2004 to Permit the Filing of 20,000 New H-1Bs regardless of Whether the Beneficiary Has a U.S. Masters Degree or Higher
Cross-Chargeability May Help Certain Aliens to Obtain Immigrant Visas More Quickly
USCIS Issues Revised Waiver Criteria for I-485 Applicants

Volume 4, Issue 3. February 21, 2005
Third Preference "Other Workers" Category Oversubscribed Worldwide
RFE Memo Rescinded, New Memo Issued
Forward Dating of EADs by Nebraska Service Center

Volume 4, Issue 2. January 28, 2005
Employment-Based Visa Categories Oversubscribed in 2005
Should I Worry When Renewing My Permanent Residence Card?
I-140 and I-485 Concurrent Filing Procedures Revised
Waiting for Guidance on PERM?

Volume 4, Issue 1. January 5, 2004
DOL Publishes Long-Awaited PERM Regulations

Volume 3, Issue 15.
December 8, 2004
Proposed Rule Would Change RFE Procedures
DOS Advises on Name Hits in NCIC Database
Medical Waivers are Available to HIV Positive K & V Visa Applicants
I-9 Forms May Be Stored Electronically
Volume 3, Issue 14. October 4, 2004
U.S. VISIT to be Implemented at the Nation's 50 Most Trafficked POEs by Year End
U.S. Consulate in Nogales, Mexico Bars Attorneys from Interviews
U.S. Consulate in Mumbai, India Closed Yesterday, Reopened Today
2005 Omnibus Appropriations Act, When Passed, Will Significantly Change H-1B and L-1 Nonimmigrant Categories
Volume 3, Issue 13. October 4, 2004
Pending Legislation Would Allow Employers to Store
I-9 Forms Electronically
Buffalo, New York USCIS District Office Will No Longer Be Involved in Processing Nonimmigrant Waivers
USCIS Advises on Timing for 7th Year H-1B Extensions
A Nonimmigrant’s I-94 Arrival/ Departure Card, Not His Visa, is Controlling As To His Period of Authorized Admission to the U.S.
Volume 3, Issue 12. October 4, 2004
Department of Labor to Change Labor Certificiation Processing in Fiscal Year 2005
How Do I Read the Visa Bulletin?
Department of Labor Will Not Expedite Labor Certifications Under Any Circumstances
Phone Lines Will Soon Open Back Up at USCIS Regional Service Centers
Diversity Visa 2006 Registration to Open November 5, 2004
Volume 3, Issue 11. October 4, 2004
H-1B Cap Reached for FY 2005
All USCIS Local Offices Now Require Aliens to Make Appointments Through InfoPass
Make Sure to Submit Clear Copies of All Identification for EAD and AP Applications
Volume 3, Issue 10. September 16, 2004
Department of State Expects Backlog in Availability of Employment Based Immigrant Visas
H-1B Numbers Likely to be Available for "Several More Weeks"
Volume 3, Issue 9. September 3, 2004: SPECIAL EDITION
Edging Toward The Cap: USCIS Reports on H-1B Usage As of August 18, 2004
Volume 3, Issue 8. August 26, 2004
USCIS Reports on Usage of H-1B Numbers for FY 2005 as of August 1, 2004
USCIS Changes Photo Specifications: Implications for Immigrant Visa Processing
USCIS Granted Discretion in Authorizing Validity Period of Employment Authorization Documents
When Can I File an Extension of Stay Petition?
Volume 3, Issue 7. July 22, 2004
What Does the End of Visa Revalidation Mean for Me?
Department of Homeland Security Extends Deadline for Trade
NAFTA (TN) Healthcare Workers Required to Obtain Visa
Screen Certificates
USCIS Processing I-130 Petitions as Visa Numbers Become Available
USCIS Will Issue Replacement Documentation Acknowledging Sex Reassignment
USCIS Sends Approved I-129s to Kentucky Consular Center Rather than to Consular Posts
Volume 3, Issue 6. June 16, 2004
State Department Puts End to Visa Revalidation
H-1B Usage for Fiscal Year 2005
Volume 3, Issue 5. June 14, 2004
The U.S.-Canadian Social Security Agreement Explained
Selective Service Requirements and Immigration
Visa and Travel: Is My Business Visa Valid After I Change Employers?
Customs and Border Protection Limits Tims and Places At
WhichCanadians Can Submit L-1 Petitions at Ports of Entry
I Am On a Work Visa: Can My Spouse Work?
Volume 3, Issue 4. May 28, 2004
Providing Evidence of Ability to Pay on I-140 Immigrant Petitions
USCIS Uses Information on the Internet Against Applicants for Immigration Benefits
USCIS Expands E-Filing Service
USCIS to Introduce New EAD Cards with
Enhanced Security Features
USCIS Announces New Policy Regarding Issuance of
Requests for Evidence (RFEs)
Volume 3, Issue 3. April 23, 2004
USCIS Fee Hike To Take Effect April 30, 2004
Social Security Administration Provides Guidance Regarding Issuance of Social Security Numbers to Aliens
PERM Update: Final Draft of Regulation Sent to the OMB
USCIS Issues Memo Instructing Officers on Concurrent Adjudications of I-140 Petitions and I-485 Applications
Department of Homeland Security May Discontinue Processing of L-1 Petitions at the Border
E-Filing May Expand in Near Future
Nonimmigrant Waiver Backlog
Department of State May Discontinue Mail-In Visa Revalidation System
Volume 3, Issue 2. March 4, 2004
H-1B Cap Reached: Now What?
USCIS to Raise Filing Fees
Is That a Visa in My Passport?
What Happens if you Don’t Turn In Your I-94 Card When You Leave the US?
Department of State Advises on Visa Number Availability for Fiscal Year 2004
Department of State to Adopt Face Recognition System for Diversity Visa Lottery Applicants
Consulates to Require Biometric Identifiers from All Visa Applicants
USCIS Revisits Religious Worker Visa Requirements
How Do I Import My Vehicle From Canada?
Will I Have to Attend An Interview Before My I-485 Adjustment of Status Application is Approved?
All Minors Applying for US Passports Must Appear in Person
Alcohol Related Driving Offenses Could Make Aliens Inadmissible to the US on Medical Related Grounds
Volume 3, Issue 1. January 15, 2004
US VISIT Program Implemented at Major Land and Sea Ports of Entry January 5, 2004
Plea For Help*
USCIS Clarifies Some Portability Rules for Adjustment of Status Applicants
IRS Announces Restrictive Changes to Rules for Issuance of ITINs (Individual Taxpayer ID Numbers)
USCIS Memo Provides Good News for Religious Workers
Advance Parole I-94s Not Renewable
Memoranda Issued by INS Valid for USCIS
Keep Up to Date on the Latest NAFTA Developments
Social Security Administration’s Procedures for Verifying Individuals’ Identities with USCIS
PERM Update

* Note that our plea for help has been answered
Volume 2, Issue 11. December 9, 2003
Annual “NSEERS” Special Registration Deadlines Approaching/New Rule Will Suspend Some Registration Requirements
Department of Homeland Security Infringes on First Amendment Rights of US Religious Organizations
Correction of I-94 Arrival/Departure Cards
Zero Tolerance Policy Rescinded
Update on PERM
Canadian Landed Immigrants Without Visas Cannot Use Automatic Visa Revalidation
Volume 2, Issue 10. September 26, 2003
H-1B Cap Returning to 65,000 on October 1, 2003
Changes in Consular Processing for the Immigrant Visa
Colorado Labor Certification Processing
Visa Waiver Program’s Machine Readable Passport Requirement Postponed
Service Centers to Initiate Removal Proceedings
Third Country National Visa Applications In Canada
Volume 2, Issue 9. August 19, 2003
Department of Homeland Security Creates New Certification Requirements For Certain Nonimmigrant Healthcare Workers
BCIS Adjudications Office Issues Relaxed Interpretations of I-140 Degree Equivalency Requirements
Visa Waiver Program Applicants Must Have Machine Readable Passports as of October 1, 2003
Nonimmigrant Visa Applicants Should Expect Processing Delays
Pending Legislation Would Destroy L-1 Category, If Passed
I-485 Portability Rules: Clear as Mud
New Nonimmigrant Student Statuses Created
Volume 2, Issue 8. July 18, 2003
Concurrent Filing and Portability: When Can Adjustment of Status Applicants Safely Change Jobs?
Dangers of Traveling on Advance Parole
Mail-In Visa Revalidations Taking 10-12 Weeks
Colorado Labor Certifications Still Not Moving
BCIS Provides Additional Information About E-Filing
New Border Security Program in the Works
H and L Nonimmigrants With Pending Adjustment Applications Must Carry Original I-485 Receipt Notices When Traveling
BCIS Offers Generous Interpretation of DOJ Authorization Act’s Impact on H-1B Nonimmigrants
Volume 2, Issue 7. May 30, 2003
Changing Your Status and Extending Your Stay: When Are You Out of Status and When Do You Acquire Unlawful Presence?
BCIS To Cut Off Telephone Access to Regional Service Centers
US Consulate in Ciudad Juarez Will Once Again Accept Third Country National NIV Applications
When Does Employment Violate Nonimmigrant Status?
Updated Recruitment Efforts Affect 18 Month Time Frame for University Labor Certifications Using Special Handling
Special Registrants Who Fail to Exit Through Departure Controls are Not Necessarily Inadmissible to the US
Volume 2, Issue 6. May 5, 2003
Aliens Must Carry Proof of Registration At All Times
Consular Processing for the Immigrant Visa: What Goes On Behind the Scenes
Where to Find Information Needed for Immigrant Visa Consular Processing
U.S. Plans to Expand Exit Controls Would Affect Canadian Land Border Crossings
BCIS Will Soon Offer On-Line Filing of Petitions and Applications for Immigration Benefits
New Guidance on Foreign Degree Equivalency
Volume 2, Issue 5. April 2, 2003
Abandonment of Residence: Can You Live Outside the United States and Still Maintain your Permanent Resident Status?
BCIS Developing Uniform Citizenship Test Proposed Rule Would Allow Nonimmigrants to Obtain Social Security Numbers In Order to Obtain Driver’s Licenses
Some L-2 EAD Applications Filed at Nebraska Service Center May Experience Delays
Consular Processing vs. Adjustment of Status
Volume 2, Issue 4. March 14, 2003.
Immigration and Naturalization Service (INS) Ceases to Exist
No Canadian Landed Immigrants From Commonwealth Countries Should Leave the U.S. Without First Obtaining a Valid Visa for Re-Entry
New NIV Photograph Requirements
Changes in Visa Processing at the U.S. Consulate in Tel Aviv, Israel
INS Irons Out Wrinkles in the I-140/I-485 Concurrent Filing Procedures BCIS Requests Proof of Compliance with Special Registration Requirements Upon Application for Immigration Benefits
Restrictive B-1/B-2 Regulations Withdrawn
Additional Ports of Departure Authorized for Special Registrants
US Universities and Exchange Programs Required to Participate in SEVIS
BCIS Fee Schedule Returns to Older, Higher Fees
Volume 2, Issue 3. February 17, 2003
In the Grip of Fear: U.S. Department of Homeland Security Takes Shape
How Much is INS Charging These Days?
US Consulates in Certain Countries Subject to Delays
US Embassies in Canada Issue Guidance on New Visa Requirement for Landed Immigrants
Issues of Intent: How Does INS Determine What’s In Your Head?
Special Registration Deadlines Extended for Certain Groups
Out of Status Pakistani Men Targeted at Ports of Entry
Volume 2, Issue 2. February 10, 2003
Most Canadian Landed Immigrants Now Require Visas, Canadian Citizens Not Affected
U.S. Department of Homeland Security Changes Threat Level to Code Orange
INS Service Center Employees Shredding Documents Without Authorization
Special Rules for Special Workers: Criteria for H-1B Status
Visa Condor Security Checks
U.S. Consulate in Caracas, Venezuela Closed
INS Implements New Fee Schedule
Volume 2, Issue 1. January 16, 2003
INS Issues Field Guidance on Special Registration Procedures
Special Registration Deadlines Extended
Nationals of Five Additional Countries Subject to Special Call-In Registration
Certain Ports of Departure to Be Used By Aliens Who Leave the United States After Engaging in Special Registration
TN Category in the Toilet: INS Severely Restricts Admission of Scientific Technicians and Technologists under the North American Free Trade Agreement
INS Will Share Data With Social Security Administration to Facilitate Issuance of Social Security Numbers to Aliens
U.S. Embassy in London, England Changes Procedure for Issuance of Nonimmigrant Visas
INS To Require Advance Submission of Passenger Data
Volume 1, Issue 6. December 31, 2002 Special Edition of Immigration Newswire dealing solely with NSEERS, including FAQ
Volume 1, Issue 5 December 16, 2002
Child Status Protection Act Contains Helpful Provisions for Children of Permanent Resident Applicants, Children of Permanent Residents, Children of U.S. citizens, and Naturalized U.S. Citizens
Special Registration Call-In Deadlines and Consequences for Failure to Comply
New Call-In Special Registration Notice to be Published in Federal Register on December 16, 2002
NEXUS Lanes Soon To Open at Additional Border Crossings
Regulation of Canadian Border Crossing Cards (BCCs)
Expedited Removal Expanded to Cover Aliens Arriving by Sea
Proposed Rule Would Negatively Impact Foreign Health Care Workers
Volume 1, Issue 4. November 25, 2002
Nationals of Additional Countries Now Subject to Special Registration Procedures
Incorrect Information Issued by INS Regarding Visa Requirements for Landed Immigrants from Commonwealth Countries
Deadline for Special Registration Quickly Approaching
Visa Processing Procedures for Nationals of Countries That Have Been Designated as State Sponsors of Terrorism
New Version of Form AR-11 Change of Address Issued
Border Student Commuter Act of 2002
Update on INS Adjudications of EAD and AP
Volume 1, Issue 3. November 14, 2002
Update on Labor Certification Processing in New York and New Jersey
Suggested Strategies in Labor Certification Applications
Increased Processing Time at the National Visa Center
Ciudad Juarez Will Handle Some Third Country National Student Visa Applications
Landed Immigrants of Canada Required to Obtain Passports and Visas to Enter U.S. on Nonimmigrant Status
INS Case Status Online
Volume 1, Issue 2. November 7, 2002
Visa Processing for Third Country Nationals at Posts Other than Ciudad Juarez, Mexico
Canadian Landed Immigrants from Commonwealth Countries Will Soon Need Visas
Change in Procedures for Screening Nonimmigrant Visa Applicants
New Rules on Extension H-1B Status Beyond the 6th Year
Passport Validity Dates for Nonimmigrant Visa Applicants
Information on Department of Labor and INS Processing Times
Vermont Service Center No Longer Promising 60-Day Adjudications on Concurrently Filed I-140 Petitions
Additional Special Registration Requirements for Certain Aliens Already Present in the United States
Volume 1, Issue 1. October 23, 2002
Special Registration and Monitoring Requirements for Certain Nonimmigrants
Consular Officers Gain Access to Criminal Database Maintained by FBI
New Rules Governing Issuance of Social Security Numbers to Foreign Nationals
Concurrent Filing of I-140 and I-485 Petitions
Ciudad Juarez to Cease Third Country Nonimmigrant Visa Processing