| Recapturing Priority Dates And All That - an article by Charles Wheeler, Esq. |
As we all know, a lot can happen between the time the petitioner files an alien relative petition (Form I-130) and the beneficiary adjusts status or immigrates. For example, the beneficiary might marry, divorce, turn 21, or die. Read the entire article here .
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| DHS Leadership's comments on processing times for naturalization applications and visa wait times. |
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| Laws, Resolutions, and Policies Instituted Across the U.S. Limiting Enforcement of Immigration Laws by State and Local Authorities - NILC |
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| Supplemental guidance on the processing of I-140s and H-1Bs under AC21 |
A 5/30/08 Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides supplemental guidance on the processing of I-140s and H-1Bs under AC21.
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| Secretary Chertoff and Secretary Gutierrez State of Immigration Address |
On 6/9/08 Homeland Security Secretary Chertoff and Commerce Secretary Gutierrez gave an address on the " State of Immigration", covering border enforcement, employment verification, workplace enforcement, H-1Bs, H-2Bs and more.
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| House Passes Bill to Extend EB-5 Regional Center Pilot Program |
On 06/09/08, the House of Representatives passed, by a voice vote through a fast-track procedure known as the "suspension calendar", a bill to extend for 5 years the EB-5 regional center pilot program (H.R. 5569). The measure, introduced by Representative Zoe Lofgren (D-CA), would reauthorize the regional center pilot program through fiscal 2013. This measure must now proceed to the Senate for further consideration.
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| President Amends Executive Order to Require E-Verify for Contractors |
President Bush issued executive order 13465, amending executive order 12989, so that federal contracting agencies cannot enter into contracts with employers that do not "use the best available means to confirm the work authorization of their workforce," i.e. E-Verify.
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| USCIS to Resume Premium Processing for I-140s |
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| EAD to be issued valid for 2 years starting at the end of June 2008 |
USCIS will issue two year EAD starting at the end of June 2008 for those whose AOS application is pending for more than one year. Below is the quote:
"I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year."
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| USCIS centralizes initial naturalization application processing |
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| USCIS to Offer Premium Processing for Certain Form I-140 Petitions |
USCIS to Offer Premium Processing for Certain Form I-140 Petitions
Service Begins June 16, 2008. See SCOPS Liaison Update on Premium Processing for I-140s .
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| Fact Sheet on Decentralized Correspondence (DECOR) letters for tax year 2007 |
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| Update on N-400 Processing Times at Local Offices |
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| Fact Sheet on Aytes Memo Regarding Adjustment for VAWA Self-Petitioners |
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| Administrative Appeals Office Processing Time Report |
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| National Benefits Center - Filing Tips |
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| Owner and Managers of Mexican Restaurants Arrested in ICE Raid; 45 Detained |
On 4/16/08 ICE raided seven Mexican restaurants in four states: NY, PA, OH, and WV. ICE carried out criminal arrests of the owner and managers, and detained 45 foreign nationals at 10 sites |
| Fact-sheet: Raid on Pilgrim's Pride plants |
On 4/16/08 ICE raided Pilgrim's Pride plants in five states. More than 280 foreign nationals were arrested at the poultry processing plants in TX, FL, TN, AR, and WV. |
| DHS Signs Visa Waiver Agreement with Korea |
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| OPT extension ruling |
The ruling to extend OPT from 12 months to 29 months has come out. To qualify the student must have a degree in Science, Technology, Engineering or Math (STEM) and the employer must be registered with E-verify.
- This rule extends the authorized period of stay as well as work authorization of any F-1 student who is the beneficiary of a timely filed H1B petition that has been granted by or remains pending with USCIS. The extension of status and work authorization terminates on October 1 of the fiscal year for which the H1B visa has been requested.
- A student meeting the eligibility requirements may file for a 17 month extension of employment authorization by filing form I-765 prior to the expiration date of the students current OPT employment authorization. If a student timely and property files the application for extension but the current employment expires prior to a decision on the extension application the students form I-766 is extended automatically.
- A new graduating student can apply for 29 months of OPT |
| USCIS Releases Preliminary Number of FY 2009 H-1B Cap Filings |
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| Visa Bulletin for May 2008 |
DOS released the Visa Bulletin for May 2008. Section D addresses possible retrogression in the F-2A category. Section E notes that employment-based visa cut-off dates may be adjusted in the final quarter of FY 2008.
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| Social Insecurity: SSA Not Ready to Take on Immigration Enforcement |
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| USCIS Announces FY2009 H-1B Caps Reached |
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| Jacob Memo Mandating that SWAs Verify Employment Eligibility |
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| DHS/SSA/SWA Memorandum of Understanding Regarding E-Verify |
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| DHS and DOS Announce WHTI Land and Sea Port of Entry Final Rule |
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| DHS Releases FAQs on WHTI Land and Sea Final Rule |
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| USCIS Releases Updated Background Check Q & As (Updated 2/28/08) |
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| Updated CDC Vaccination Requirements for Immigrant Visa Applicants |
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| Foreign-born have low rates of criminal activity says study |
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| DOJ Announces Higher Immigration Fines |
DOJ Announces Higher Fines for Employers Who Violate Immigration Laws. Attorney General Michael Mukasey announced on Feb 22, 2008, higher civil fines against employers who violate federal immigration laws. For the complete DOJ Press Release, click here.
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| New Rules For Inter-Country Adoptions |
The US has finally implemented rules for inter-country adoptions under the Hague Convention. Although signing on to the Convention more than 5 years ago, regulations just became available this month. Here are links to Dept. of State rules and US Immigration rules on this matter.
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