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Latest Immigration News from Homeland Security, Department of Justice
Lal Varghese, Attorney at Law, Dallas
Tel: (972) 788-0777, (972) 788-1555, FAX (972) 788-2202, E-Mail: attylal@aol.com
H-1B Usage as of end of May 2004 for Fiscal 2005
At the AILA annual conference, on June 11, 2004, Service Center Operations Director Fujie Ohata announced that, as of the end of May, a total of 16,100 H-1Bs countable against the fiscal 2005 cap have been either approved or remain pending. It means only less than 50,000 visas are available for the fiscal year beginning October 2004, and we anticipate that this year the visas may exhaust even before December 2004. So what is the solution? File your cases as Premium Processing Cases with all supporting documents by paying additional fee of $1,000.00. Recently our office has filed Premium Processing cases which were approved within three days of filing with Texas Service Center at Dallas.
State Dept. to End Visa Revalidations
Deputy Assistant Secretary of State Catherine Barry announced at the AILA Annual Conference that applications for visa revalidations (for classifications C, E, H, I, L, O and P) will no longer be accepted by the Department of State after July 16, 2004., but an exception will be made for applications pending at that point for which additional information has been requested under INA Section 221(g). The ostensible rationale for terminating visa revalidations is that DOS lacks the capacity domestically to acquire the biometric identifiers all visas will be required to contain as of October 26, 2004. Ms. Barry further stated that DOS has no current plans to revive the revalidation service.
I-130 Direct Filing Procedure Tightened in India
The DOS Liaison Committee has learned that the New Delhi DHS sub-office has tightened its rules for US citizens seeking to direct file I-130s at New Delhi for immediate relatives like spouse, parents, unmarried children under 21 (the office handles such filings for all of India). Henceforth, the USC will be required to show minimum of 60 days presence in India prior to filing. Normally, the proof will be simply by showing an entry stamp of the US citizen at any port of entry in India.
US CIS launches new I-90 (renewal of Green Card) application within a week:
By E-filing an I-90 application, a Los Angeles District applicant will get a receipt notice with a toll-free number to schedule an appointment at an ASC, which will order a permanent resident card for customers to receive in under a week. Applicants with already-filed I-90 applications can re-file electronically to participate in this new pilot.
USCIS Expands On-Line Filing, Adding Forms I-129, I-131, I-140, I-539, I-821, and I-907
Integrating these forms into the on-line filing system already including forms I-90 and I-765, the on-line system can now cover more than 50% of the total volume of benefits applications USCIS receives annually. Future additions to the on-line system are to include on-line accounts, ability to save draft forms, and secured payment capabilities. Only the forms and fee can be paid by on line filing. All supporting documents and evidence should be filed by regular mail. If proper supporting documents and evidence are not filed the application can be denied without even asking for additional evidence under the new memo. The only benefit for e-filing is that to beat the deadline for present status expiration date, and if you pay by credit card you may earn travel mileage with your airlines or points for future shopping. Do not think that e-filing will solve your problems which should be consulted with an immigration attorney.
AILA is hearing of increasing instances in which information about clients found on the internet has been used against the client in the adjudication of cases by US CIS
Numerous instances have been reported in which adjudicators questioned inconsistencies between employers' documents filed with a petition and information contained on the employer's website. Also, other adverse information about employers found on the internet has been cited in RFEs and denials. But use of the internet by adjudicators is not limited to employment-based petitions. Recently, a member reported receiving a Notice of Intent to Deny ("NOID") in a family-based case, in which the NOID used information revealed by the client on an immigration-related internet chat board to reach a finding of fraud. It is not clear how the adjudicator connected the email address used on the chat board with this particular client, but the adjudicator, without revealing why he was asking the question, did ask the client in the interview to confirm whether he used that particular email address. So please be aware of using internet chat rooms and message board for discussing your immigration problems. Always consult with an immigration attorney where you can obtain reliable information which will be kept confidential too.
Third Circuit Holds that Jurisdiction to Review the Denial of a Waiver of the Joint Petition Requirement in Marriage-Based Conditional Residency Case is Barred under the Statue:
In case where the couple filed a joint petition, but before its adjudication they divorced, and request to file a single petition seeking waiver was denied by the Attorney General. The same was also denied by the Immigration Judge, and also by the Board of Immigration Appeal. On petition for review, the Third Circuit held that INA § 242(a)(2)(B)(ii) precluded the Court's jurisdiction to review the denial of a waiver application under INA § 216(c)(4). The Court found that INA § 216(c)(4) explicitly assigns to the Attorney General discretion to "remove the conditional basis of the permanent resident status" where an individual demonstrates eligibility under one of the three waiver qualifications. Thus, the Court reasoned, the immigration court's decision to deny the application for a waiver of the joint filing requirement fell within INA § 242(a)(2)(B)(ii)'s bar to review because it was a "decision . . . of the Attorney General the authority for which is specified . . . to be in the discretion of the Attorney General." Those who have CR status by marrying US citizen should be aware of the 90 day filing period for joint filing or single petition filing requirement during that 90 days period. If you are late, it may be too late for anyone to help you based on the above decision.
Biometric Passports for Visa Waiver Program Travelers:
On June 14, the House of Representatives voted to extend by one year until October 26, 2005 the requirement that all countries utilizing the Visa Waiver Program have Biometric Passports by October 26, 2004. Both Secretary of State Powell and DHS Secretary Ridge had requested such an extension. The bill, H.R.4417, has yet to be considered by the Senate then only it will become law after President’s signature.
Employment Authorization Documents (EADs) or Work Permits
On June 3, the Office of Management and Budget approved an interim, final rule which would allow the Immigration Service to grant Employment Authorization Documents (EADs) in Adjustment of Status cases for more than the present one-year. We had recommended this modification in our newsletter earlier this year. USCIS’ William Yates who plans to have the validity period of an EAD corresponds with the processing time of the immigration benefit being sought. We believe that the USCIS will implement this policy before the end of
the month.
NCLEX examination to be held out side US other than Guan and Spain:
On June 1, the National Council of State Boards of Nursing (NCSBN) announced that starting in January 2005, the National Council Licensure Examination (NCLEX), the state RN licensure examination, will be offered internationally. The first three examination sites will be located in London, England; Seoul, Korea; and Hong Kong. Since the NCLEX is presently offered in Guam and Spain, both of which are islands in the South Pacific, the new test centers are not a significant improvement for the bulk of foreign-born RNs immigrating to the U.S., most of who reside
in the Philippines. We suggest that the next international test site be located in Manila, Philippines and also in New Delhi, India.
The Clinical Skills Assessment (CSA) for International Medical Graduates (IMG) is no longer required.
Instead, the CSA has been incorporated into USMLE, Step 2, Clinical Skills (Step 2, CS) which was offered for the first time on June 14 in various cities across the U.S.
The current USMLE, Step 2 is now referred to as Step 2, Clinical Knowledge or simply as Step 2, CK. IMGs who wish to match for a residency program in March 2005 need to take Step 2, CS before the end of this year.
Direct telephone numbers to all four Service Centers
The USCIS has announced that it has decided to restore public telephone lines to its Service Centers by the end of this fiscal year, on September 30th. At present the public have to call the National Customer Service number at 1-800-375-5283 for any information on a pending case or to talk to an immigration information officer. In most of the cases they do not know about a file pending at various Service Centers and District Offices and the public will asked to contact those offices in writing for which a reply may not be received at all.
New Requirements for Non Immigrant Visa Travelers:
The State Department is anticipating a new requirement, to be implemented on October 26, 2004 that all nonimmigrant visas contain two biometric identifiers, fingerprints and facial scans. This new measure is an attempt to prevent fraud by people using visas issued to a particular person, and also to prevent terrorists or criminals from entering US in the light of the 9/11 attack.
Consulates in India will discontinue Drop Box Processing for Non Immigrant Visas w/e/f 06/30/ 2004:
The U.S. Embassy in New Delhi will soon issue a press release announcing the end of the Drop Box procedure for non-immigrant visa applications at all four consular posts in India. The last day for the NIV drop-box in Chennai will be June 30, 2004. Members of the Chennai Business Executive Program may continue submitting non-immigrant visa applications to TT Services under the normal BEP procedures until July 15th, 2004. As of July 16, all non-immigrant visa applications in Chennai will require an appointment for a personal interview with a consular officer. Any non-immigrant visa applications received by TT Services after close of business July 15 will be returned so that the applicant may schedule an appointment for a personal interview. The reason for ending the drop-box facility is that beginning in July 2004, U.S. consular sections in India will start electronically collecting biometric data (scanning index fingerprints) from all visa applicants, except those traveling on official government business or who are under age 14 or over age 79. The scanned fingerprint data collected at time of visa application will be compared with fingerprint scans at the U.S. port of entry to prevent the use of U.S. visas by imposters and by those wanted for criminal offenses. This is a worldwide program required by U.S. law and has already been implemented in more than 150 U.S. Consular sections around the world. The U.S. visa offices in Frankfurt, Brussels, San Salvador, and Guatemala were the first posts to begin this program on September 22, 2003.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can reach Lal Varghese, Attorney at Law at (972) 788-0777 or (972) 788-1555 or Fax (972) 788-2202 or at e-mail: attylal@aol.com, for a free consultation on this subject matter. You can visit our website at: www.indiaimmigrationusa.com for more information about other related immigration matters.
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Customer Reviews:
Write a Review & Share your thoughts with Other Customers.1096 of 2220 people found the following review helpful: , Feb 14 2006
Reviewer: harish gupta
sir/madam
i want to know that when will start the new NCLEX centre& where?
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1034 of 2051 people found the following review helpful:
Reviewer: Peter K. Hoffmann, Esq.
NEED A WORK VISA? 20,000 New Work Visas Available Soon
USCIS issued an announcement on March 8th indicating that it intends to make 20,000 H-1B work visas available for "all qualified H-1B nonimmigrant aliens...." Surprisingly, USCIS also indicated that eligibility "will NOT be limited to those individuals holding a master's degree or higher degree from a U.S. institution of higher learning."
A notice will be published in the Federal Register "as soon as possible" that will indicate the date and place for filing. The filing date, the notice indicates, "may occur shortly after publication of the regulation." Petitions filed before then will be rejected.
If you wish to determine your eligibility for a work visa, or wish to otherwise speak with an attorney about your immigration status, please call (617) 236-4405 to schedule an appointment for a consultation with Peter K. Hoffmann, Esq., a member of the American Immigration Lawyers Association with offices in Boston, MA. Act fast as we don't expect these visas to remain available for long.
Law Office of Peter K. Hoffmann, P.C.
400 Commonwealth Avenue
Boston, Massachusetts 02215
Tel: (617) 236-4405
Fax: (617) 236-4466
E-mail: pkh@pkhlaw.com
Website: www.pkhlaw.com
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