CUTTING EDGE INFO
Tuesday, January 6, 2009
(Click on the dates below for more information.)

• NEW REGULATIONS FOR VOLUNTARY DEPARTURE IN CONJUNCTION WITH A MOTION TO REOPEN AND PETITION FOR REVIEW.
  (December 17, 2008)
  
  
• DHS (Department of Homeland Security) AMENDS REGULATIONS TO PERMIT ALIENS IN T AND U STATUS TO ADJUST STATUS AND BECOME LAWFUL PERMANENT RESIDENTS. (December 12, 2008)

  The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. T nonimmigrant status is available to aliens who are victims of a severe form of trafficking in persons and who are assisting law enforcement in the investigation or prosecution of the acts of trafficking. U nonimmigrant status is available to aliens who are victims of certain crimes and are being helpful to the investigation or prosecution of those crimes. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident.

• OPPORTUNITY AND EXCLUSION: A BRIEF HISTORY OF U.S. IMMIGRATION POLICY (November 25, 2008)

  The United States and the colonial society that preceded it were created by successive waves of immigration from all corners of the globe. But public and political attitudes toward immigrants have always been ambivalent and contradictory, and sometimes hostile. The early immigrants to colonial America—from England, France, Germany, and other countries in northwestern Europe—came in search of economic opportunity and political freedom, yet often relied upon the labor of African slaves working land taken from Native Americans.
  

• USCIS PUBLISHES FINAL RULE FOR RELIGIOUS WORKER VISA CLASSIFICATIONS.(November 21, 2008)

  The U.S. Citizenship and Immigration Services (USCIS) announced that it will make significant revisions to the special immigrant and nonimmigrant (R-1) religious worker visa classification regulations. The final rule will ensure the integrity of the religious worker program by establishing a requirement that employers submit a formal petition for temporary religious workers, and by providing for increased inspections, evaluations, verifications, and compliance reviews of religious organizations. The rule also fulfills the recent Congressional mandate to issue final regulations to eliminate or reduce fraud in the religious worker program.

• ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION (ESTA) REQUIRED FOR ALL VISA WAIVER PROGRAM COUNTRIES BEGINNING JANUARY 12, 2009. (November 13, 2008)

  The U.S. Department of Homeland Security announced that beginning Jan. 12, 2009, eligible citizens or nationals from all Visa Waiver Program (VWP) countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP. DHS will formally announce the addition of seven allies to the list of countries authorized to participate in the VWP: Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, and Slovakia. “We are especially pleased to welcome these allies into the Visa Waiver Program,” said Homeland Security Secretary Michael Chertoff. “Expanding the number of countries whose citizens can travel to the U.S. without a visa increases business and social ties between our countries and at the same time deepens cooperation on required security measures.”
  
  

• ATTORNEY GENERAL ESTABLISHES FRAMEWORK TO DETERMINE IF CRIME INVOLVES MORAL TURPITUDE. (November 7, 2008)
  
  
• WHY PRESIDENT-ELECT BARACK OBAMA MAY SUPPORT AN H-1B INCREASE EVEN IN A PERIOD OF RECESSION. (November 6, 2008)

  President-Elect Obama supports raising the H-1B cap and did so in the U.S. Senate immigration bill in 2007. It would have increased the current 85,000 cap, which includes 20,000 visas set aside for graduates with advanced degrees. The Senate effort, which died in the House, would have allowed increases of up to 180,000 H-1B visas, as well as additional visas for advanced-degree graduates. Obama also continues to support comprehensive immigration reform.
  
  

• THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA) ISSUES PRACTICE ADVISORY REGARDING THE ROLE OF ATTORNEYS IN A LABOR CERTIFICATION CASE. (November 6, 2008)

  The key issue in a labor certification is whether the employer has found a U.S. worker who is qualified, able, willing, and available for the position. To make this evaluation, the employer must recruit and consider in good faith. In order to evaluate whether the employer acted in good faith, DOL will, through an audit and possibly subsequent supervised recruitment, scrutinize the manner in which employer reached its determination that there were no qualified, able, willing, and available U.S. workers. Therefore, throughout the recruitment and evaluation process, it is important to consider constantly whether the actions of the employer can reasonably be judged to have been taken in good faith.

• THE U.S. CONSULAR MISSION IN MEXICO HAS CHANGED THE REQUIREMENTS FOR VISA APPLICATIONS FOR THIRD COUNTRY NATIONALS (TCNs). November 4, 2008)

  Third country nationals (i.e. nationals from countries other than Mexico) in the follwoing categories may not apply in Mexico:

  • Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
  • Applicants who entered the U.S. with a  visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
  • Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
  • Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
  • Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
  • Applicants who obtained their current visa in a country other than that of their legal residence
    
  • PLEASE NOTE:  If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs) or are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
    

• WHITE HOUSE ANNOUNCES THAT SEVEN COUNTRIES ARE TO BE ADDED TO THE VISA WAIVER PROGRAM. (October 17, 2008)

  In about a month, the citizens of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea will be able to travel to the United States for business or tourism for up to 90 days without a visa.
  

• USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA PROFESSIONAL WORKERS FROM CANADA AND MEXICO.
  (October 14, 2008)

  This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. There is still no dual intent until Congress specifically legislates it. (FINAL RULE)
  
  

• REDESIGNED NATURALIZATION TEST FOR THOSE APPLYING ON OR AFTER OCTOBER 1, 2008. Below is a sample of possible questions. Click on date to see others. (September 27, 2008)

  A: Principles of American Democracy
  
  1. What is the supreme law of the land?
  ▪ the Constitution
  
  2. What does the Constitution do?
  ▪ sets up the government
  ▪ defines the government
  ▪ protects basic rights of Americans
  
  3. The idea of self-government is in the first three words of the Constitution. What are these words?
  ▪ We the People
  
  4. What is an amendment?
  ▪ a change (to the Constitution)
  ▪ an addition (to the Constitution)
  
  JWHICH TEST DO I TAKE? OLD OR NEW?

• BARACK OBAMA ANSWERS QUESTIONNAIRE ON IMMIGRATION LAW DISTRIBUTED BY THE SANCTUARY. Below is an excerpt. Click date for all the answers.(September 19, 2008)
  

  Q: What policy conditions would comprehensive immigration reform have to meet in order for you to support it? Please be specific.
  
  A: I fought in the U.S. Senate for comprehensive immigration reform. And I will make it a top priority in my first year as president. Not just because we need to secure our borders and get control of who comes into our country. And not just because we have to crack down on employers abusing undocumented immigrants. But because we have to finally bring the 12 million undocumented out of the shadows.
  
• THE U.S. DEPARTMENTS OF STATE (DOS) AND HOMELAND SECURITY (DHS) ARE PLEASED TO ANNOUNCE THAT THEY HAVE SUCCESSFULLY ACHIEVED THEIR GOAL OF ADMITTING MORE THAN 12,000 IRAQI REFUGEES TO THE UNITED STATES THROUGH THE U.S. REFUGEE ADMISSIONS PROGRAM DURING FISCAL YEAR (FY) 2008. See excerpt below. (September 12, 2008)

  
  

  Throughout the course of FY 2008 we have developed an increasingly robust processing capacity for Iraqi refugees in multiple locations across the Middle East. This now includes an emerging in-country processing program in Baghdad.
  
  Both DOS and DHS are committed to continuing efforts to resettle vulnerable Iraqis and, barring unforeseen adverse developments in the region, expect to significantly increase the number of Iraqi refugees admitted to the U.S. for permanent resettlement in FY 2009
  

• USCIS REVISES FILING INSTRUCTIONS FOR PETITIONS TO REMOVE CONDITIONS ON RESIDENCE. Customers Will Use New Version of Form I-751 and File with the California or Vermont Service Center. (August 25, 2008)
  
  
• USCIS EXTENDS VALIDITY PERIOD OF EMPLOYMENT AUTHORIZATION DOCUMENTS (EAD) FOR REFUGEES (July 11, 2008)
  
  
• USCIS CONTINUES SUSPENSION OF PREMIUM PROCESSING SERVICE FOR RELIGIOUS WORKERS (R-1) NONIMMIGRANT VISA CLASSIFICATION (July 9, 2008)
  
  
• USCIS OFFERS PREMIUM PROCESSING SERVICE FOR CERTAIN FORM I-140 PETITIONS STARTING JUNE 16, 2008 (June 11, 2008)

  
  
• USCIS ISSUES REVISED GUIDANCE ON THE APPLICABILITY OF THE CHILD STATUS PROTECTION ACT (CSPA) (May 6, 2008)

  
  
• USCIS ANNOUNCES A PROPOSAL TO INCREASE PERIODS OF STAY FOR TN PROFESSIONAL WORKERS FROM CANADA OR MEXICO (May 5, 2008)
  
  
• USCIS MODIFIES FORM I-765, APPLICATION FOR EMPLOYMENT AUTHORIZATION (April 24, 2008)
  
  
• REPORTING OUR COLLEAGUES FOR DISCIPLINE TO SAVE OUR CLIENTS FROM DEPORTATION: An ‘Ineffective’ System (The Complete Unedited Version) By Curtis Pierce and Matthew Hall (April 17, 2008)
  
  
• VAWA (VIOLENCE AGAINST WOMEN ACT) MEMO ISSUED BY MICHAEL AYTES DEALING WITH ENTRY WITHOUT INSPECTION. (April 11, 2008)
  
  
• H-1B CAP REACHED FOR FY (FISCAL YEAR) 2009(April 10, 2008)
  
  
• EXTENSION OF OPTIONAL PRACTICAL TRAINING PROGRAM FOR QUALIFIED STUDENTS (April 10, 2008)
  
  
• FAQs REGARDING NEW H-1B REGULATIONS AND MAILING DURING CAP SEASON (March 27, 2008)

  
  
• NEW H-1B REGULATIONS DISCUSSING RANDOM SELECTION PROCESS OF APPLICATIONS SUBMITTED WITHIN FIRST 5 BUSINESS DAYS. (March 24, 2008)
  
  
• All STAND ALONE IMMEDIATE RELATIVE PETITIONS FORM I-130 MUST BE FILED AT CHICAGO LOCK BOX. OTHERWISE, THEY WILL BE REJECTED. (March 21, 2008)
  
  
• USCIS ANNOUNCES INTERIM RULE ON H-1B VISAS. (March 19, 2008)
  
  
• USCIS HAS ISSUED REVISED INSTRUCTIONS FOR TRAVEL DOCUMENTS. BIOMETRICS ARE NOW REQUIRED FOR BACKGROUND AND SECURITY CHECKS. (March 5, 2008)
  
  
• USCIS CONSOLIDATES BIOMETRICS APPOINTMENT LETTER INTO ONE NOTICE FOR ADJUSTMENT OF STATUS APPLICANTS(February 15, 2008)
  
  
• ICE EXECUTES FEDERAL SEARCH WARRANT AT VAN NUYS, CALIFORNIA MANUFACTURING PLANT IN ONGOING PROBE. 8 UNDOCUMENTED ALIEN WORKERS CHARGED CRIMINALLY. 130 OTHERS ARRESTED ON IMMIGRATION VIOLATIONS(February 8, 2008)
  
  
• PRESIDENT BUSH REQUESTS A $2.7 BILLION BUDGET FOR U.S. CITIZENSHIP & IMMIGRATION SERVICES.(February 4, 2008)
  
  
• IMMIGRATION AND THE 2008 PRESIDENTIAL CAMPAIGN

  
  
• STATE DEPARTMENT ANNOUNCES NEW PASSPORT FEE (February 1, 2008)
  
  
• USCIS ANNOUNCES CENTRALIZED FILING LOCATION FOR CERTAIN H-1B CAP EXEMPT PETITIONERS (January 30, 2008)
  
  
• NINTH CIRCUIT COURT OF APPEALS grants Petition for review in cancellation of removal case where the petitioner was prejudiced by ineffective assistance of counsel. Molinar v. Mukasey, No. 04-73484, 04-75248, (January 24, 2008)
  
  
• ICE ASSISTANT SECRETARY MYERS SIGNS HISTORICAL MOU (MEMORANDUM OF AGREEMENT) WITH VIETNAM. MOU WILL ALLOW FOR THE REPATRIATION OF VIETNAM CITIZENS WHO ENTERED THE UNITED STATES ON OR AFTER JULY 12, 1995. (January 22, 2008)
  
  
• NEW NATURALIZATION TEST: CIS OMBUDSMAN ANSWERS PRESSING QUESTIONS. (January 18, 2008)
  
  
• USCIS ANSWERS IMPORTANT QUESTIONS ABOUT PROCESSING DELAYS(January 16, 2008)
  
  
• US STATE DEPARTMENT ANNOUNCES THAT U.S. CITIZENS MAY APPLY FOR NEW U.S. PASSPORT CARDS BEGINNING FEBRUARY 1, 2008. (January 11, 2008)
  
  
• USCIS REACHES H-2B CAP FOR SECOND HALF OF FISCAL YEAR 2008. THE US ECONOMY IS BEING HARMED BY ITS IMMIGRATION POLICY.(January 3, 2008)
  
  
• NEW PASSPORT CARD FOR TRAVEL BETWEEN THE U.S., MEXICO, CANADA AND CARIBBEAN AND BERMUDA. FINAL STATE DEPARTMENT RULE ALSO INCLUDES A SCHEDULE OF FEES FOR THE NEW CARD. (December 31, 2007)
  
  
• INCREASED SECURITY MEASURES REQUIRING FINGERPRINTING AND NAME CHECKS OF ALL VISA APPLICANTS PURSUANT TO NEW STATE DEPARTMENT RULE. (December 31, 2007)

  
  
• ALIENS WHO REENTER THE US UNLAWFULLY AFTER DEPORTATION MAY NOT RELY ON INA § 245(i) TO OBTAIN RESIDENCY, REGARDLESS OF JURISDICTION.(December 19, 2007)

  
  
• SENATOR LEAHY SPONSORS "OPEN GOVERNMENT ACT OF 2007." (December 18, 2007)
  
  
• LABOR CERTIFICATION BACKLOG FREQUENTLY ASKED QUESTIONS ROUND 8. (December 17, 2007)
  
  
• USCIS APPLICATION AND RECEIPTING UPDATE. (December 14, 2007)
  
  
• CHANGE IN APPOINTMENT SYSTEM FOR I-601 WAIVERS AT U.S. CONSULATE IN CIUDAD JUAREZ . (December 14, 2007)
  
  
• APPLICATION FEES FOR NON-IMMIGRANT VISAS TO INCREASE ON JANUARY 1, 2008. (December 13, 2007)
  
  
• DEPARTMENT OF HOMELAND SECURITY RELEASES REAL ID GRANT GUIDANCE. (December 13, 2007)
  
  
• USCIS UPDATE: GREEN CARDS (I-551) WITH NO EXPIRATION DATE REMAIN VALID. (December 13, 2007)
  
  
• NATION'S MOST PROMINENT ANTI-IMMIGRATION GROUP HAS HISTORY OF HATE, EXTREMISM. (December 11, 2007)
  
  
• VISA BULLETIN FOR JANUARY 2008 (US DEPT OF STATE)
  EB2 CUTOFF DATE FOR INDIA RETROGRESSES 2 YEARS.
  (December 10, 2007)
  
  
• REMARKS BY HOMELAND SECURITY SECRETARY MICHAEL CHERTOFF AT A PEN-AND-PAD BRIEFING ON BORDER SECURITY (December 7, 2007) 

• DHS FIGHTS BACK AGAINST AGAINST THE NO-MATCH APPEAL FILED BY THE ACLU AND VARIOUS LABOR UNIONS. (December 4, 2007) 
  
  
• IMMIGRATION ENFORCEMENT BILL KNOWN AS "SAVE GAINING MOMENTUM IN CONGRESS.
  
  
• ATTENTION EMPLOYERS: FORM I-9 HAS BEEN REVISED
  
  
• FOR NEW REVISED EMPLOYER HANDBOOK EXPLAINING I-9 REQUIREMENTS, CLICK HERE  
  
  
• VISA BULLETIN FOR DECEMBER 2007 (US DEPT OF STATE)
  
  
• FORM I-130 FOR IMMEDIATE RELATIVES SHOULD BE SENT TO CHICAGO LOCK BOX. (EFFECTIVE December 3, 2007)
  
  
• WELCOME TO THE UNITED STATES: A GUIDE FOR NEW IMMIGRANTS
  
  
• NINTH CIRCUIT COUT OF APPELAS HOLDS THAT INA §242(g) barred District Court jurisdiction over Plaintiffs’ Bivens claim for false arrest because it arose “from the decision or action by the Attorney General to commence [removal] proceedings,” and an alternative habeas remedy addressing the injury was available under INA §242(e)(2). (Sissoko v. Rocha, 11/15/07).
  
  
• NINTH CIRCUIT COUT OF APPELAS grants Petition for review of a BIA order denying Guatemalan petitioner's application for cancellation of removal where petitioner was denied his statutory right to counsel. Mendoza-Mazariegos v. Mukasey, 12/6/07)
  
  
• TASK FORCE ON NEW AMERICANS 
  
  
• NEW LIFE FOR THE DREAM ACT:  DREAM ACT INTRODUCED IN SEPTEMBER 2007 AS AMENDMENT TO H.R. 1585.  PODCAST ABOUT THE DREAM ACT AVAILABLE.
  
  
• The U.S. Department of Homeland Security (DHS) and the state of Arizona sign Memorandum of Agreement (MOA) to enhance the security of state driver’s licenses to offer a Western Hemisphere Travel Initiative (WHTI)-compliant document to U.S. citizen residents and to pledge future compliance with the requirements of REAL ID.
  
  
• LETTER FROM 13 GOVERNORS SUPPORTS RAISING H-1B CAP.
  
  
• ADMINISTRATION CRACKS DOWN ON EMPLOYERS WHO KNOWINGLY HIRE UNDOCUMENTED WORKERS USING "NO MATCH" RULE. FEDERAL JUDGE EXTENDS TRO.

• CITY ORDINANCES OF HAZELTON, PENNSYLVANIA  TARGETING THE UNDOCUMENTED ARE DECLARED UNCONSTITUTIONAL.
  
  

• NEW RULE FOR EMPLOYERS FILING LABOR CERTIFICATIONS: NO MORE SUBSTITUTIONS
  
  
• ANOTHER NEW RULE FOR EMPLOYERS:  NO MORE PREMIUM PROCESSING SERVICE FOR FORM I-140 WITH SUBSTITUTED BENEFICIARIES
  
  
• HOW TO RECORD A DEPARTURE FROM THE UNITED STATES IF YOU DID NOT TURN IN YOUR FORM I-94 ARRIVAL DEPARTURE RECORD
  
  
• USCIS NEW FEE SCHEDULE EFFECTIVE JULY 30, 2007
  
  
• USCIS FEE SCHEDULE IN SPANISH

   

   

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