Office of Communications
USCIS Update January 30, 2008
USCIS ANNOUNCES CENTRALIZED FILING LOCATION FOR CERTAIN H-1B CAP EXEMPT PETITIONERS
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today a new customer service initiative to streamline the adjudication of H-1B petitions. Effective today, USCIS will employ a special unit dedicated to processing these types of H-1B cap exempt petitions at the USCIS California Service Center (CSC). Aliens employed by certain types of educational, nonprofit or governmental organizations, as defined below (normally referred to as “cap exempt,” aliens employed by such entities are not subject to the H-1B numerical limitations). See section 214(g)(5)(a) and (b) of the Immigration and Nationality Act (INA); and 8 CFR 214.2 (h)(8)(A).
H-1B “cap exempt” petitions, as referenced here, include petitions filed by:
• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
• Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
• Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C).
Such institutions and organizations can indicate that their H-1B filing is cap exempt by marking Form I-129 (Petition of Non-Immigrant Worker) with a “yes” answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).
H-1B petitioners are now encouraged to use the following special mailing address for qualifying H-1B cap exempt petitions. To determine if your petition qualifies, please make sure your institution or organization fits one of the categories listed above.
For Direct Mail:
U. S. Citizenship and Immigration Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
P.O. BOX 30040
Laguna Niguel, CA 92607-3004
www.uscis.gov
For non-United States Postal Service (USPS) deliveries (e.g. private couriers):
U. S. Citizenship and Immigration Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677
Each H-1B petitioner is encouraged to mark the outside of the envelope and the top margin of the I-129 form, with “EXEMPT.” This will ensure quick identification of the H-1B filing throughout the petition’s processing at CSC.
If a cap exempt H-1B petition is received at a different Service Center, that Service Center will expeditiously forward the petition to the CSC for processing. In the near future, USCIS will post special filing instructions to Form I-129 requiring all1 qualifying H-1B cap exempt petitions to be filed at the CSC.
Please note, the highest volume of H-1B filings occurs during the month of April (Six months before the new fiscal year). This may result in longer than average receipting times or other interruptions in processing times. The public is reminded that petitioners may file a qualifying H-1B cap exempt petition at any time of the year dependent on the petitioner’s need, and no earlier than six months ahead of the intended start date.
– USCIS –
1 H-1B “cap exempt” petitions, as referenced here, do not cover H-1B petitions filed on behalf of beneficiaries requesting an exemption from the cap on account of holding a U.S. Master’s degree or higher, requesting an extension of stay, or change of employer, or petitions requesting an amendment. These types of petitions, while also “exempt” should continue to be filed in accordance with the filing charts on uscis.gov and the Form I-129 instructions.
The New Naturalization Test:
Questions and Answers from the CIS OMBUDSMAN'S EMAILS
1. The new test indicates that people who live in the US for 20 or more years and who are 70 or older are
eligible to take the naturalization test with 20 questions in lieu of 100. Our question is: In what language?
English or native language.
Response from USCIS: The new naturalization test did not change the regulations that allow exemptions for
testing based on age and time as a permanent resident.
An applicant qualifies to take a modified civics test if on the date of filing the application, the applicant was 65
years old and has been a lawful permanent resident for at least 20 years. If this exception applies, the applicant
will be administered a simpler version of the civics examination in the applicant's language of choice. This
modified civics test is a sample of 20 civics questions from the list of 100.
The sample civics questions have been identified for applicants qualifying under this exception and will soon be
announced.
2. After October 1, 2008 when the new test becomes effective, will the current rule "English Exemption
for people 55 or older and resident in the US for 15 or more years" be still applicable?
Response from USCIS: Currently the people who meet these requirements are eligible to take the naturalization
test in their native language. The new naturalization test did not change the regulations that allow exemptions
for testing based on age and time as a permanent resident.
The English language requirement may be waived for an applicant who on the date of filing the application, was
over 50 years old and has been lawful permanent resident for at least 20 years, or was over 55 years old and
has been a lawful permanent resident for at least 15 years. If either exception applies, the applicant may take the
civics examination in the applicant's language of choice.
Further, an applicant qualifies to take a modified civics test if on the date of filing the application, the applicant
was 65 years old and has been a lawful permanent resident for at least 20 years. If this exception applies, the
applicant will be administered a simpler version of the civics examination in the applicant's language of choice.
This modified civics test is a sample of 20 civics questions from the list of 100. The sample civics questions have
been identified for applicants qualifying under this exception and will soon be announced.
If applicants qualify for a waiver of the English proficiency requirement, they must bring an interpreter to their
naturalization interview.
3. The new test has a list of reading vocabulary and a list of writing vocabulary. Please explain how the
reading and writing test will be administered? Will the applicants be required to make sentences using
the vocabulary on the list?
Response from USCIS: The format for the reading portion of the redesigned English test is similar to the current
test. Applicants will be provided with up to three chances to correctly read a sentence in English. USCIS has
released a vocabulary list containing all of the words found in the redesigned test items. The content items for
the reading portion focus on civics and history topics.
The format for the writing portion of the redesigned writing test is also similar to the current test. Applicants will
be provided with up to three chances to correctly write a sentence dictated by the adjudications officer in
English. USCIS has released a vocabulary list containing all the words found in the redesigned writing test. The
content items for the writing portion also focus on civics and history topics.
USCIS has posted the reading and writing vocabulary for the new test on http://www/uscis.gov/newtest.
Change in Appointment System for I-601 Waivers at U.S. Consulate in Ciudad Juarez
Due to the limitations of the INFOPASS appointment system regarding scheduling options for I-601 waivers under the new I-601 pilot program implemented on March 6, 2007, the USCIS Ciudad Juarez office has been trying to put in place a new system. INFOPASS worked well initially, but due to volume increases, the program could not be modified to push out appointment availability dates as needed to keep up with the high immigrant visa interview rate of the U.S. Consulate. Thus, many waiver applicants were not able to make timely appointments using INFOPASS in order to make travel plans, etc. Please note that both the USCIS office and the U.S. Consulate in Cd. Juarez were receptive to AILA's concerns and suggestions regarding this process.
Thus, USCIS and the Department of State are ending the use of INFOPASS (effective December 17, 2007) for the I-601 pilot waiver program at Cd. Juarez and changing the process to schedule waiver appointments and provide waiver information through the "Teletech Call Center" located in Mexico. This call center is the same center that currently provides information regarding immigrant and nonimmigrant visas, and schedules nonimmigrant visa interview appointments for nonimmigrant visa applicants for Cd. Juarez and certain other U.S. Consulates in Mexico. Thus, appointments will be available, but not necessarily in a two week window. In addition, the U.S. Consulate in Cd. Juarez hopes to eliminate its immigrant visa backlog by the end of March 2008 and has devoted substantial resources to this effort. Further, the USCIS office in Cd. Juarez has already cleared the pre-March 2007 waiver backlog, and is working on waivers filed in April of 2007.
On December 17, 2007, immigrant visa waiver applicants must call the following numbers to obtain information about the waiver process and/or schedule an appointment to submit their waivers. The waiver appointments may only be scheduled for a date three working days after the date of the immigrant visa interview appointment assuming availability.
From México: 01-900-849-49-49
(12 pesos per minute)
From the US: 1-900-476-1212
($1.25 per minute)
Calling using a credit card:
From Mexico: 01-477-788-70-70
($57.50 pesos per call)
From the US: 1-800-919-1754
($7.00 USD per call)
Waiver applicants may purchase a Personal Identification Number (PIN) for $10.00 USD from any Banamex Bank branch in Mexico and call 01-800-112-25-00. It takes 24 hours for PIN activation.
VISA BULLETIN JANUARY 2008
Family
All Charge- ability Areas Except Those Listed
CHINA-mainland born
INDIA
MEXICO
PHILIPP-INES
1st
01FEB02
01FEB02
01FEB02
01JUL92
22NOV92
2A
22FEB03
22FEB03
22FEB03
01MAY02
22FEB03
2B
22NOV98
22NOV98
22NOV98
22MAR92
15JAN97
3rd
08MAY00
08MAY00
08MAY00
08JUL92
01APR91
4th
08JUL97
01NOV96
15SEP96
01OCT94
01FEB86
Employ-ment
-Based
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
01JAN03
01JAN00
C
C
3rd
15OCT02
01NOV01
01MAY01
22APR01
15OCT02
Other
Workers
01OCT01
01OCT01
01OCT01
01OCT01
01OCT01
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
C
C
C
C
C
Targeted Employ-ment Areas/
Regional Centers
C
C
C
C
C
DHS FIGHTS BACK AGAINST AGAINST THE NO-MATCH APPEAL FILED BY THE ACLU AND VARIOUS LABOR UNIONS.
On December 4, 2007, the U.S. Department of Justice filed an appeal on behalf of the Department of Homeland Security (DHS) on the injunction against the No-Match Rule in San Francisco, Calif.
Homeland Security Security Michael Chertoft issued a statement reading, "I believe that the No-Match Rule is a major step forward in preventing employment of illegal migrants. Contrary to the ACLU’s incorrect statements, the rule is not harmful to legal workers. DHS is not abandoning it."
Employers receive a No-Match letter from the Social Security Administration when an employee’s name does not match the social security number it has on file. Sometimes there is an innocent explanation for this discrepancy, such as a clerical error. But sometimes the discrepancy reflects the fact that the employee in question is an illegal alien. When employers receive such No-Match letters, they are on notice that the employees in question may not be authorized to work.
DHS maintains that under the No-Match Rule, no employer should terminate an employee based upon a no-match letter alone. But no employer should ignore such a letter or the discrepancy it reveals. The No-Match Rule gives employers and employees 90 days to correct the discrepancy. Employers counter that correcting legitimate clerical errors often takes more than 90 days leaving the employer in an untenable position: the employer must fire the employee or risk breaking the law.
Secretary Chertoff maintained in his statement of December 4, 2007 that businesses that follow the procedures in the No-Match Rule will have a safe harbor from enforcement action. Those that ignore no-match letters place themselves at obvious risk and invite suspicion that they are knowingly employing workers who are here illegally.
Chertoff had harsh words for the ACLU and the labor unions that joined the lawsuit. "The ACLU’s lawsuit has put this vital protection on hold. That is bad for immigration enforcement and bad for America’s law-abiding employers and their legal workers. The only real beneficiaries of the ACLU’s strategy are employers who would rather close their eyes to cheap and profitable illegal labor than obey the laws of our country". DHS Contact # 202-282-8010
IMMIGRATION ENFORCEMENT BILL KNOWN AS "SAVE" GATHERS MOMENTUM.
A new bill, the Secure America with Immigration and Enforcement, the "SAVE Act" (H.R. 4088), was introduced in November 2007 by Reps. Heath Shuler (D-NC) and Brian Bilbray (R-CA). A companion bill (S. 2368) has been introduced in the Senate by Sens. Mark Pryor (D-AR) and Mary Landrieu (D-LA). SAVE is steadily gaining momementum in both chambers and the official list of House and Senate co-sponsors has already grown to 113 and 2 respectively. The bill's sponsors are committed to generating more support before the new year.
The "SAVE Act" is an immigration enforcement-only package that, most notably, would dramatically expand the Basic Pilot electronic employment verification system. The Basic Pilot system is currently used by only 30,000 employers, but would expand to cover over 6 million employers in just four years - roughly a 20,000 percent increase. Beyond that, the bill seeks to increase the Border Patrol and spend more resources on the southern border, codify recently withdrawn DHS regulations related to the Social Security Administration "no match" letters, expand local police responsibilities to include immigration enforcement, and a number of other enforcement measures. Absent from the bill are any provisions that would address the more than 12 million people in the US without status.
ATTENTION EMPLOYERS: EMPLOYMENT VERIFICATION
FORM I-9 HAS BEEN REVISED.
USCIS (U.S. Citizenship and Immigration Services) issued a revised I-9 form on November 7, 2007. Employers are required to complete a Form I-9 for all employees (unless exempt) hired in the United States.
It is the employer's responsibility to ensure completion of the entire Form I-9 no later than close of business on the employee's third day of employment. The employer must review documentation presented by the employee and record document information on the form. Proper documentation establishes both that the employee is authorized to work in the U.S. and the employee who presents the employment authorization document is the person to whom it was issued.
The most significant change to the Form I-9 was a reduction in the number of documents that employees may present to establish their identity and work eligibility. This is List of Acceptable Documents and is found on the back of the form and is labeled as "List A".
The new acceptable List A documents are:
US passport (unexpired or expired)
Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
Unexpired foreign passport with a temporary I-551 stamp
Unexpired Employment Authorization Document that contains a photograph (Forms I-766, I-688, I-688A or I-699B). Form I-766 is a new addition to List A.
Unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-04, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.
Employers may no longer accept the following five documents:
Certificate of U.S. Citizenship (Form N-560 or N-561)
Certificate of Naturalization (Form N-550 or N-570)
Alien Registration Receipt Card (I-151)
Unexpired Reentry Permit (Form I-327)
Unexpired Refugee Travel Document (Form I-571)
The above forms were removed because they lack sufficient features to help deter counterfeiting, tampering, and fraud.
The employer may accept any List A document, establishing both identity and work eligibility, or combination of a List B document (establishing identity) and List C document (establishing work eligibility). Employers, remember that your may only accept original documents, not photocopies, with the single exception of a certified photocopy of a birth certificate.
Employers are required by law to keep on file a hard copy or electronic version of Form I-9 for three years after the employee's date of hire or for one year after the date of termination, whichever date is later.
For questions on signing and retaining Form I-9 electronically and/or training for E-Verify, contact the Law Office of Curtis Pierce. E-Verify is an Internet-based system operated by DHS (Department of Homeland Security) in partnership with the SSA (Social Security Administration) that allows participating employers to electronically verify the employment of new hires. E-Verify is free and voluntary.
Both the revised Form I-9 and the "Handbook for Employers, Instructions for Completing the Form I-9" are available online at www.uscis.gov.
NEW LIFE FOR THE DREAM ACT?: DREAM ACT INTRODUCED IN SEPTEMBER 2007 AS AMENDMENT TO H.R. 1585. PODCAST ABOUT THE DREAM ACT AVAILABLE.
Senator Richard Durbin, D-Ill. introduced the DREAM ACT (Development, Relief, Education of Alien Minors) as an amendment to a Defense Department authorization bill for fiscal year 2008. The purpose of the DREAM ACT is to give young people who were illegally brought to the U.S. as minors a chance to become U.S. citizens.
The DREAM Act would provide a path to legality for persons brought illegally to the United States by their parents or guardians as children, or whose parents attempted to immigrate legally but were then denied legality after several years in application, and whose children thus derived their legal status solely from their parents (the child also becoming illegal upon the parent's denial).
To qualify, the immigrant student would have to meet certain requirements such as:
Proof of having arrived in the United States at age 15 or younger;
Proof of residence in the United States for a least five (5) consecutive years since their date of arrival.
Having graduated from an American High School, or obtained a GED.
"Good moral character," essentially defined as the absence of a significant criminal record (or any drug charges whatsoever).
An estimated 65,000 immigrant students who meet these requirements graduate from high school each year.
Immigrants who meet the above requirements would be eligible to apply for a temporary six (6) year "conditional" residence permit which would allow them to live legally in the United States, obtain driver's licenses, attend college as in-state residents, work legally (including obtaining a social security number), and apply for special travel documents which would allow for travel outside of the country for limited amounts of time.
POD CAST AVAILABLE: Senator Dick Durbin discusses the DREAM ACT in a podcast. To listen to that pod cast, click the link below.
A version of the bill, though not yet called the "DREAM Act", was introduced during the 107th Congress in 2001 in the House and Senate. The text of the bill has also been placed in various other immigration-related bills (none yet successful), including the Comprehensive Immigration Reform Act of 2006 (S. 2611) and the Comprehensive Immigration Reform Act of 2007 (S. 1348).
ADMINISTRATION CRACKS DOWN ON EMPLOYERS WHO KNOWINGLY HIRE UNDOCUMENTED WORKERS USING "NO MATCH" RULE. FEDERAL JUDGE EXTENDS TRO.
After a hearing on October 2, 2007, a federal judge extended for 10 days an order that temporarily stops the government from implementing a new Department of Homeland Security (DHS) rule. The judge's order also stops the Social Security Administration (SSA) from beginning to send notices to approximately 140,000 employers across the country notifying them of the new rule, which would impact approximately eight million workers.
"We are pleased that the judge saw the need to continue to block this rule that would lead to increased exploitation of workers," said John Sweeney, president of the AFL-CIO. "More than 70 percent of SSA discrepancies refer to U.S. citizens, but the DHS regulation would encourage employers to fire any worker based on these erroneous discrepancies, especially if she has an accent or is perceived to be foreign born."
The background of the "No Match" rule is this. The administration is stepping up worksite enforcement by cracking down on employers who knowingly hire undocumented workers using the "No Match" Rule. In short, information on employee records must match records of the Social Security Administration (SSA) and the Department of Homeland Security (DHS). Otherwise, the employer receives a "No Match Letter". The employer has ninety-three days to re-verify the information, once notified. If the employer is not able to do so, his recourse is to terminate employment or to continue employment and to risk civil and criminal sanctions from DHS.
On August 31st, a federal judge issued an order temporarily blocking the government from implementing this new rule. Judge Maxine Chesney's order also stopped the Social Security Administration (SSA) from beginning to send notices on Tuesday to approximately 140,000 employers across the country notifying them of the new rule, which would impact approximately eight million workers.
The order came as a result of a lawsuit filed by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the American Civil Liberties Union, the National Immigration Law Center (NILC), and the Central Labor Council of Alameda County, along with other local labor movements. A hearing on the groups' request to permanently bar the implementation of the DHS rule is scheduled for October 1 before U.S. District Court Judge Charles Breyer.
Employers argue that legitimate clerical errors often occur. For example, a middle name and surname can be inverted on the records submitted by the employer and can result in a "no match" with the Social Security Administration. Good faith efforts to correct an error may take more than ninety-three days, in some instances. Hence, the employer is left with a dilemma. The employer risks a potential lawsuit from a terminated employee or legal action from the government if the employment is not terminated.
The President of the American Immigration Lawyers Association (AILA) is quoted saying that, "Stepping into the vacuum created by Congress' inability to enact workable comprehensive immigration reform, the Administration ramped up its enforcement arsenal today, leaving many employers between a rock and hard place...The real solution, recognized by the Administration, is comprehensive immigration reform."
U.S. Immigration and Customs Enforcement (ICE) has expanded criminal investigations against employers who knowing hire undocumented workers. Arrests of employers have increased from 24 in FY 1999 to 716 in 2006. The numbers for the current year are more striking. Arrests number 742 from the beginning of FY 2007 (through July 31).
Given stepped up enforcement procedures, what is an employer to do? How can an employer reduce the number of mismatched social security numbers from applicants? E-Verify, the Federal Electronic Employment Verification System is one option. In fact, federal contractors and vendors are required to use E-Verify.
E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees.
E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers. The E-Verify program will be launching new and exciting changes later next month, such as photo screening features and online resources for employees.
For more information on the Administration's initiative, see the August 10, 2007 White House Press Release: Improving Border Security and Immigration Within Existing Law.
LETTER FROM 13 GOVERNORS SUPPORTS RAISING H-1B CAP.
In spite of the failure of comprehensive immigration reform, certain issues remain alive, such as the need to increase the H1-B cap. California's Arnold Schwarzenegger, Deval Patrick of Massachusetts, and New York's Eliot Spitzer, were among thirteen governors who signed a Sept. 11, 2007 letter to Senate Majority Leader Harry Reid, House Speaker Nancy Pelosi, Senate Minority Leader Mitch McConnell and House Minority Leader John Boehner urging them to raise the cap on the number of H1-B visas.
The H-1B Visa is for foreign professionals with specialized knowledge such as scientists, hi-tech professionals, engineers, and management consultants. The thirteen governors wrote that the current base of 65,000 H-1Bs was arbitrarily set in 1990 and does not meet the demands of today's economy for skilled professionals.
This is an issue of interest to employers, since the H1-B is employer specific. The H-1B petition must be filed by the employer requesting permission for the alien professional to work temporarily in the United States. The beneficiary employee may only work for the employer that was approved on the petition unless a transfer is arranged.
On September 12, 2007, President George W. Bush issued a Memorandum directing the Secretary of Homeland Security, Michael Chertoff, to defer the enforced departure for 18 months, until March 31, 2009, of any qualified Liberian national (or person without nationality who last habitually resided in Liberia) who is currently present in the United States and who is under a grant of Temporary Protected Status (TPS) as of September 30, 2007. The President also directed that the Department of Homeland Security (DHS) take steps to implement continued employment authorization for these individuals during the 18-month DED period. U.S. Citizenship and Immigration Services (USCIS) will be issuing a Federal Register notice very soon that will provide details regarding the extension of employment authorization until March 31, 2009 for individuals who are eligible for Liberian DED, including further details regarding Employment Authorization Documents (EADs) and information for employers. The notice, as well as an updated Fact Sheet and updated Questions and Answers will also be available on the USCIS website at www.uscis.gov.
Deferred Enforced Departure (DED) The authority to allow for deferred enforced departure (DED) of a class of aliens derives from the President’s constitutional powers to conduct foreign relations. It is an authority exercised previously by President George W. Bush and by Presidents William J. Clinton and George H. W. Bush. Although DED is not a specific immigration status, individuals covered by DED are not subject to enforcement actions to remove them from the United States, usually for a specific period of time. TPS for Liberia is scheduled to terminate at 12:01 a.m. on October 1, 2007. (See 71 FR 55000 (Sept. 20, 2006)). TPS was originally granted for Liberia due to armed conflict and widespread civil strife. That conflict ended in 2003, and conditions have improved such that TPS is no longer factually warranted. While acknowledging the progress in Liberia, the President cited political and economic conditions in the country that justify deferring the enforced departure for 18 months of those individuals who have expiring TPS status.
Who is Covered? Liberian nationals (or persons without nationality who last resided in Liberia) who are present in the United States under a grant of Temporary Protected Status (TPS) as of September 30, 2007, and who have continuously resided in the U.S. since October 1, 2002. Currently, there are approximately 3,500 Liberians in the U.S. under TPS designation.
Who is Not Covered?
The President’s directive specifically states the following persons are ineligible for Liberian DED coverage:
Those ineligible for TPS (includes persons whose TPS status has been withdrawn);
Those whose removal is determined to be in the best interest of the U.S.;
Those whose presence or activities in the U.S. would have potentially serious adverse foreign policy consequences for the U.S.;
Those who voluntarily returned to Liberia;
Those who were deported, excluded or removed prior to the President’s announcement; and
Those subject to extradition.
No Application or Registration Necessary
DED is automatic for qualified Liberians and persons without nationality who last resided in Liberia, regardless of age.
Length of Coverage The President’s Deferred Enforced Departure directive will cover eligible Liberians for 18 months: from Oct. 1, 2007, to March 31, 2009.
Extension of Employment Authorization For details on the implementation of the automatic extension of employment authorization through March 31, 2009 for individuals who are eligible for DED, the extension of certain TPS-related EADs previously issued to such individuals, and related matters, please refer to the Federal Register notice that USCIS will be publishing in the very near future regarding these subjects. That Federal Register notice, and related Questions and Answers, will be available at www.uscis.gov. Employers and individuals under DED are also reminded that any legally acceptable document or combination of documents described on the Form I-9, Employment Verification Form, may be presented as evidence of employment authorization and identity.
The administration is stepping up worksite enforcement by cracking down on employers who knowingly hire undocumented workers using the "No Match" Rule. In short, information on employee records must match records of the Social Security Administration (SSA) and the Department of Homeland Security (DHS). Otherwise, the employer receives a "No Match Letter". The employer has ninety-three days to re-verify the information, once notified. If the employer is not able to do so, his recourse is to terminate employment or to continue employment and to risk civil and criminal sanctions from DHS.
On August 31st, a federal judge issued an order temporarily blocking the government from implementing this new rule. Judge Maxine Chesney's order also stops the Social Security Administration (SSA) from beginning to send notices on Tuesday to approximately 140,000 employers across the country notifying them of the new rule, which would impact approximately eight million workers.
The order comes as a result of a lawsuit filed on Wednesday by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the American Civil Liberties Union, the National Immigration Law Center (NILC), and the Central Labor Council of Alameda County, along with other local labor movements. A hearing on the groups' request to permanently bar the implementation of the DHS rule is scheduled for October 1 before U.S. District Court Judge Charles Breyer.
Employers argue that legitimate clerical errors often occur. For example, a middle name and surname can be inverted on the records submitted by the employer and can result in a "no match" with the Social Security Administration. Good faith efforts to correct an error may take more than ninety-three days, in some instances. Hence, the employer is left with a dilemma. The employer risks a potential lawsuit from a terminated employee or legal action from the government if the employment is not terminated.
The President of the American Immigration Lawyers Association (AILA) is quoted saying that, "Stepping into the vacuum created by Congress' inability to enact workable comprehensive immigration reform, the Administration ramped up its enforcement arsenal today, leaving many employers between a rock and hard place...The real solution, recognized by the Administration, is comprehensive immigration reform."
U.S. Immigration and Customs Enforcement (ICE) has expanded criminal investigations against employers who knowing hire undocumented workers. Arrests of employers have increased from 24 in FY 1999 to 716 in 2006. The numbers for the current year are more striking. Arrests number 742 from the beginning of FY 2007 (through July 31).
Given stepped up enforcement procedures, what is an employer to do? How can an employer reduce the number of mismatched social security numbers from applicants? E-Verify, the Federal Electronic Employment Verification System is one option. In fact, federal contractors and vendors are required to use E-Verify.
E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees.
E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers. The E-Verify program will be launching new and exciting changes later next month, such as photo screening features and online resources for employees.
For more information on the Administration's initiative, see the August 10, 2007 White House Press Release: Improving Border Security and Immigration Within Existing Law.
In a dramatic reversal of the July 2, 2007 Revised Visa Bulletin, the USCIS announced that it will accept EB (employment based) applications to adjust status for applicants whose priority dates are current under the original July Visa Bulletin (number 107). USCIS will accept application filed by August 17, 2007.
The U.S. Department of State (DOS) is withdrawing the infamous July 2, 2007 revised Visa Bulletin so that the original July Visa Bulletin (number 107) remains in effect. This bulletin shows availability for EB applicants (except those in the "other workers category) to file I-485s in July.
The current fee schedule will apply to applications filed under the original July Visa Bulletin. However, the new fee schedule becomes effective July 30, 2007 and will apply to all other applications filed on or after July 30, 2007.
We at the Law Offices of Curtis Pierce applaud the work of American Immigration Law Foundation (AILF) which was prepared to file a lawsuit against USCIS and DOS for the July 2, 2007 issuance of a revised DOS Visa Bulletin This revised bulletin would have disallowed thousands of skilled workers with approved labor certifications to file for employment based green cards after their priority dates were made current in the original July Visa bulletin.
The DREAM Act is back in spite of the death of comprehensive immigration reform. It is not a stand alone bill; rather, it is attached to the Defense Authorization bill (H.R. 1585). The DREAM (Development, Relief, and Education for Alien Minors) Act is designed to provide relief for students with no immigration status because their status is legally derived from their parents. These young people have grown up in the U.S. and have graduated from U.S. high schools, but their futures are limited.
Senators Richard Durbin (D-IL), Chuck Hagel (R-NE), and Richard Lugar (R-IN) have offered the provisions of the DREAM Act as an amendment (SA 2237) to the Defense Authorization legislation. Like the stand-alone DREAM Act, this amendment would provide a six-year path to permanent residence for undocumented students and restore the authority of state governments to determine residency criteria for in-state tuition. Readers who wish to support the bill should contact their senators and urge them to vote "yes" on the Durbin-Hagel-Lugar DREAM Amendment (SA 2237) to the Defense Authorization legislation ((H.R. 1585).
In 2006, Hazleton’s City Council enacted ordinances fining landlords who rent to undocumented immigrants and suspending the business licenses of the companies that hire such immigrants. But Thursday, July 27, 2007 a federal court sent a strong message that immigration is a federal issue, and the Pennsylvania city’s laws in question were unconstitutional and unenforceable. The court found that Hazleton’s laws unfairly targeted everyone; workers, employers, tenants and landlords.
The significance of the decision places policies regarding immigration where they belong: with the federal government. The court reiterated: “Even if federal law did not conflict with Hazleton’s measures, the City could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not.”
JULY 2007 VISA BULLETIN FIASCO:
EMPLOYMENT BASED VISAS WERE ANNOUNCED AS "CURRENT" IN NEARLY EVERY CATEGORY.
THEN THEY ALL DISAPPEARED.. WHAT STARTED AS A CAUSE FOR CELEBRATION
HAS TURNED INTO A SHOCKING AND CONFUSING DISAPPOINTMENT.
MAJOR LAWSUIT TO FOLLOW.
The July VISA Bulletin, published by the U.S. Department of State in mid June, brought good news for many who expected a longer wait in line: priority dates for employment based (EB) categories were announced as "current." All employment-based visa categories were current for July 2007 with the important exception of the category “Other Workers”.
What did this mean? A skilled worker, such as an industrial engineer, falls under the 3rd Preference Category (EB-3). The visa bulletin for the previous month of June 2007 indicated that the cut-off date for the 3rd preference category for skilled workers from both Mexico and India was June 1, 2003. This meant that if an employer had begun the process of sponsoring an engineer (from Mexico or India) for immigration benefits on June 1, 2003, then the employee would have had to wait until last month to apply for residency. In the same way, if the employer had started the process last month, in June 2007, the employee would have been scheduled to wait about two years (until 2009) to immigrate. (The beneficiary would have to wait until the government began processing the visas with a priority date of June 2007.)
With this advance in the bulletin, an engineer from any country in the world could conceivably be sponsored now for a labor certification (which is often the first step in the process), and if the application were promptly approved, he or she would immediately be able to apply for status as a lawful permanent resident. (This would only hold true if the priority date remained current after approval of the labor certification.)
This was very good news until July 2, 2007, when the State Department issued a revised Visa Bulletin for July 2007. The revised bulleting indicates that due to work on the backlog, there are no more visas available for employment based visas.
The bulletin stated as follows:
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
There were signs of trouble in June when USCIS began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date. USCIS reported that the "Other Worker" numbers for the year had been exhausted.
It now appears that individuals with approved petitions based on employment will have to wait until October 2007 before they may file for residency. This is a major disappointment for anyone with an approved petition who thought that residency was finally close at hand.
There are 140,000 employment based immigrant visas allocated each year. In the cpvisa.com newsletter for August, we will explain the process of quotas and how visas, both family based and employment based, are allocated. We will also discuss the lawsuit that is about to be filed by the American Immigration Law Foundation in this matter.
The proposed immigration reform bill died Thursday, June 28, 20007 in the Senate. By a vote of 46 to 53, the Senate failed to invoke cloture on S. 1639. Consequently, it would appear the immigration reform is dead for now. The American Immigration Lawyers Association (AILA) issued the following statement:
The U.S. Senate, in failing to pass a key procedural obstacle to the passage of its immigration reform legislation, today failed not only immigrants and their families and employers, but failed the country.
Our current immigration system is badly broken. Twelve million undocumented immigrants live and work in America without any opportunity whatsoever to earn full legal status and eventual citizenship. Our borders are not secure even with an historic level of enforcement. Family and employment-based immigration backlogs grow by the hour, requiring decades-long waits in many cases. U.S. employers cannot legally hire essential immigrant workers or needed highly skilled professionals, because no system is provided to afford necessary immigrant workers legal entry. The agricultural industry is unable to find sufficient workers and those undocumented working in the shadows labor under a badly broken system. High school students who excel are barred from continuing their education because they cannot obtain legal status. Immigrants seeking to feed their families and the chance to be part of the American dream continue to die in the desert seeking entry, and detention centers that are actual tent cities continue to grow.
The Senate bill was admittedly deeply flawed. Backroom negotiations and a convoluted amendment process ensured that the bill in its current form would not have led to workable reform. But the Senate has denied the House a chance to weigh in on this pivotal national issue to try to get things right, and to pass an immigration reform bill that would serve the interests of this country and its families, its businesses, and its immigrants.
Any immigration reform bill must include the following necessary architecture for meaningful, effective reform:
(1) A clear path to lawful residence for those who come forward, pay fines, and demonstrate their commitment to become Americans by earning their status through working and learning English.
(2) A new worker program that includes labor protections, job portability, and a realistic path to permanent residence.
(3) The elimination of the existing unconscionable backlogs in family immigration, preservation of meaningful family immigration with reasonable quotas, and recalibration of our employment-based immigrant visa quotas to accommodate the needs of our dynamic and growing economy.
(4) Smart border and worksite enforcement mechanisms that protect our national security interests, while respecting civil rights.
(5) Due process and civil liberties protections that guarantee immigrants their day in court, judicial review, and a meaningful opportunity to seek waivers and discretionary relief.
The Senate bill that foundered on the Senate floor today gave the appearance of adhering to this skeletal architecture, but its content, flawed from the beginning of the process, was further compromised by harsh amendments that were supported by a majority of Senators in order to secure passage of the bill and to try to keep the legislative process moving forward.
Top objections to the Senate bill included:
(1) Decimation of the employment-based immigration system through creation of a mis-named "merit-based" point system that disconnects employment-based immigration from employer sponsorship and eliminates existing avenues of migration for aliens of extraordinary ability, multinational executives, and outstanding researchers.
(2) Evisceration of family-based immigration by eliminating 4 out of 5 long-recognized family relationships that qualify an individual for green card sponsorship in exchange for a partial reduction of the backlogs in those categories.
(3) Lack of meaningful opportunities for new temporary workers to transition to permanent residence.
(4) Lack of sufficient future numbers for employment-based immigrants at all ends of the skill spectrum.
(5) Unwarranted restrictions on the H-1B and L-1 nonimmigrant visa programs.
(6) Lack of sufficient confidentiality protections for Z-visa applicants.
(7) Harsh due process restrictions that violate fundamental protections guaranteed to all persons under our constitution.
S. 1639 would have provided a path to legalization for millions. Now, it is unlikely that there will be action on this issue until after the 2008 elections.
H-1B cap all completed. Employers need new alternatives.
FEBRUARY 1, 2007: USCIS PROPOSES DRAMATIC FEE INCREASES FOR IMMIGRATION APPLICATIONS.(PDF)
The fee increases were published in the Federal Register. Under the propsed increase, the form I-485, Application To Register Permanent Residence or Adjust Status would increase from $325.00 to $905.00. Many individuals eligible for immigration benefits will find these increases cost prohibitive. The American public only has 60 days to respond to this increase.
JANUARY 23, 2007: NEW REQUIREMENTS FOR PASSPORTS
As of January 23, 2007, citizens of the United States, Canada, Mexico, and Bermuda are now required to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere. The air requirement is part of the departments of State and Homeland Security’s Western Hemisphere Travel Initiative (WHTI). This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004
H-1B CAP: EMPLOYERS SHOULD ACT NOW
Congress has established an annual fiscal year limitation of 65,000 H-1B Visas. This is commonly referred to as the “H-1B Cap”. We at the Law Offices of Curtis Pierce strongly advise employers seeking to employ a foreign national on an H-1B Visa for fiscal year (FY) 2008 to begin preparation at this time so as to be able to file visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2007. The cap for FY 2007 closed on May 26, 2006, well before the fiscal year began on October 1, 2006. Due to the limited availability of initial H-1B visas, many large corporations are already preparing thousands of petitions for immediate filing in April. Accordingly, we advise all employers to file H-1B visa petitions for prospective employees on April 1, 2007, or immediately thereafter since the cap is anticipated to close early.
JANUARY 2007: IMMIGRATION ATTORNEY AND CERTIFIED SPECIALIST CURTIS PIERCE IS FEATURED IN COVER STORY OF THE JANUARY 2007 ISSUE OF CALIFORNIA LAWYER MAGAZINE
In this month's issue of CALIFORNIA LAWYER MAGAZINE, immigration attorney Curtis Pierce is featured in the cover story for his representation of a young, French speaking refugee from Republic of Congo.
JANUARY 12, 2007: PRESIDENT BUSH SIGNS H.R. 4997, the "Physicians for Underserved Areas Act".
Awaited legislation was signed by President Bush pertaining to the J-1 visa program for foreign doctors who work in medically underserved areas of the United States. The bill had passed in the House of Representatives by a voice vote on 12/6/06 and had been passed in the Senate unanimously on 12/9/06. On 1/12/07, President Bush signed the bill which addresses physician shortages and attempts to improve public health. H.R. 4997 will extend for two years a visa waiver program and will allow foreign doctors who work in underserved areas to remain in the country after completing their medical training. Usually J-1 visa holders who come to America for medical or graduate studies are required to leave the country for two years before applying to return. A 1994 law (PL 103-416) created a program to waive that requirement for foreign physicians who agree to spend three years working with patients in medically underserved areas. The authorization for the program expired on June 1, 2006. H.R. 4997 will reinstate the visa waiver program for a period of two years
. JANUARY 2007: NEW GUIDE FOR NATURALIZATION. (PDF)
Important information on citizenship, eligibility for naturalization, permanent resident status, the naturalization process, and even details such as photographs, fingerprints, and checklists are found in this new document issued by the USCIS.
JANUARY 12, 2007: ONLINE ADDRESS CHANGE.
How do USCIS customers file a change of address? File online with the new web based system. Non-citizens should be attentive to this new information. Non-citizens are legally required to inform USCIS of any address change within ten days of their move. Form AR-11 (Alien Change of Address Card) must be completed.
DECEMBER 27, 2006: Travel Facts for Asylees, Asylum Applicants, or Lawful Permanent Residents with Asylum Status. Asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.
DECEMBER 20, 2006: Michael Aytes, USCIS Associate Director, Domestic Operations, issues memo (12-5-06) regarding periods of admission for H-4s or L-2s and applicants for H-1B status beyond the six-year maximum, as well as the maximum period of admission for H-1Bs who have been out of the U.S. for more than 1 year but were not in H-1B status for a full 6 years. AILA Doc. No. 06122063.
DECEMBER 14, 2006: (PDF)
In a statement issued on 12/14/06, the Colorado Immigrant Rights Coalition (CIRC), a statewide coalition of over 80 community, faith and labor organizations, denounces the ICE raids on Swift & Co. facilities, and calls upon Congress and the President to pass comprehensive and humane immigration reform. AILA Doc. No. 06121440.
DECEMBER 13, 2006: USCIS Service Centers Operations (SCOPS) has reported that the Service Centers will accept an I-907 signed by an attorney or accredited representative of the petitioner or applicant when the underlying filing contains a properly signed petition and G-28 signed by the petitioner or applicant. The rule that neither the beneficiary nor the beneficiary’s attorney or accredited representative can request premium processing remains in place. Thus, if the G-28 is from the beneficiary only, the attorney or accredited representative may not sign an I-907 requesting premium processing.
DECEMBER 5, 2006: USCIS Reaches H-2B Cap For First Half of Fiscal Year 2007 (27KB PDF) U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first six months of Fiscal Year 2007 (FY 2007). USCIS is hereby notifying the public that November 28, 2006 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to April 1, 2007.
This is bad news for seasonal workers and their potential employers. The H-2B classification is a nonimmigrant classification available to many types of nonagricultural employers. Businesses that typically seek to employ workers in this category include hotels, resorts, restaurants, and construction. This classification is used for a foreign laborer (or usually large groups of laborers) coming temporarily to the United States to perform nonagricultural temporary service or labor in the event U.S. workers cannot be found.
NOVEMBER 30, 2006: (PDF)
The immigration service released 140 new draft questions for a revised citizenship test. The questions will be given to new citizenship applicants in the exam's civics portion, beginning in January 2007.
OCTOBER 6, 2006: (PDF)
RIR Conversion date extended for Alien Labor Certifications (Form ETA 750) filed on or before March 28, 2005. DOL explains in an FAQ.
For Labor Certifications filed under pre PERM regulations, RIR conversion usually provides for speedier processing when employers can demonstrate 6 months (i.e. a "pattern") of unsuccessful recruitment for the position in question. (See the article Perm and Labor Certification for Dummies on this website.)
OCTOBER 5, 2006: (PDF)
Department of State issues notice on Registration for the 2008 Diversity Immigrant Visa Program (aka "The Visa Lottery").
SEPTEMBER 22, 2006: (PDF)
USCIS expands Premium Processing Service to include Outstanding Professors and Researchers as well as Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver.
On August 28, 2006, USCIS began accepting Premium Processing requests for I-140 petitions involving Professionals (workers with a Bachelor's Degree who are members of a Profession) and Skilled Workers (aliens performing labor requiring at least two years of education, training or experience).
SEPTEMBER 15, 2006:
Individuals with applications for Labor Certification pending at one of the Backlog Proceesing Centers in Dallas or Philadelphia may now check their status online.
This service will assist individuals whose applications for Labor Certification were filed prior to March 28, 2005, when the PERM system went into effect.
SEPTEMBER 14, 2006:
The House passed the Secure Fence Act of 2006 (H.R. 6061) by a vote of 283-138, which calls for the construction of 700 miles of 2-layered reinforced fencing, as well as other barriers and surveillance equipment, along specified regions of the U.S.-Mexico border.
This bill is being harshly criticized by the CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW. According to President Peter Schey,
"[T]his approach simply pushes migrants into more dangerous migration routes rather than stopping them from entering the country, increases the number of migrants who die trying to enter without inspection, destroys the ecology of the border, and most importantly ignores the fundamental economic and political conditions that drive migration into the U.S. Seven hundred miles of fencing along the Mexico-U.S. border also entirely fails to address national security concerns. A few hundred miles of fencing between the U.S. and Mexico will not in any way help the war on terrorism. . . HR 6061 is a law conceived to help incumbent elected officials in the upcoming November federal elections, but has very little to do with rational immigration reform or protection of the national security."
SEPTEMBER 2006:
"We Are America Alliance" to Mobilize Millions Labor Day Weekend! Join the Movement! August 18, 2006: (PDF)
PREMIUM PROCESSING now available to SKILLED WORKERS and PROFESSIONALS under the EB-3 category whose employers are filing an I-140 PETITION on their behalf.
AUGUST 9, 2006: Attorney General Gonzales Outlines Reforms for Immigration Courts and BIA
August 6, 2006: (PDF)
U.S. Citizenship and Immigration Services' USCIS Today publication includes a frequently asked questions (FAQ) section which provides answers to employers' questions about how to complete employment authorization verification using the I-9 form.
The FAQ notes that an employer "is not required to know with absolute certainty whether a document is genuine or false." USCIS notes that the law merely requires that an employer examine the original document, not a photocopy, and make a good-faith determination that the document appears to relate to the employee, appears to be genuine, and is listed as an acceptable document on the back of the I-9 form.
August 2006: (PDF)
DHS has updated the Visa Waiver Program Passport Traveler Guide. Any passport issued on or after October 26, 2006 must be an e-Passport for VWP travelers to be eligible to enter the US.
There are currently 27 countries that participate in the Visa Waiver program, including the United Kingdom, France, Spain and most other countries of Western Europe.
July 28, 2006:(PDF)
U.S. Citizenship and Immigration Services (USCIS) announced that it is discontinuing local production of Employment Authorization Cards in favor of the Employment Authorization Document produced at one central location; USCIS said the locally produced I-688B lacks security features and is not well-suited to verification by employers.
July 25, 2006: Senator Kay Bailey Hutchison and Rep. Mike Pence present a Joint Proposal concerning IMMIGRATION REFORM.
The Republican Party is deeply divided on the subject of immigration reform. Among the many issues currently being discussed are enhanced border enforcement as well as a guest worker program. It should be noted that although the Senate recently passed a comprehensive immigration reform bill, unless there is a compromise with the House of Representatives which recently passed an enforcement only bill, there will be no changes to existing laws. If such changes occur, we will provide a detailed analysis and explanation.
Below are highlights of the proposals in Congress:
Senate Judiciary Committee's bill:
Would allow undocumented aliens who were in the United States before 2004 to work legally for six years if they paid a $1,000 fine and cleared a criminal background check. They would become eligible for permanent resident status upon paying another $1,000 fine, any back taxes and learning English.
Would allow for new immigrants to have temporary work visas. They also could earn legal permanent resident status after six years.
Would add up to 14,000 Border Patrol agents by 2011 to the current force of 11,300 agents.
Would authorize a "virtual wall" of unmanned vehicles, cameras and sensors to monitor the U.S.-Mexico border.
Would create a guest worker program for an estimated 1.5 million immigrant farm workers, who can also earn legal permanent residency.
Senate Majority Leader Bill Frist's proposal:
Would require employers to verify the identity and immigration status of their employees electronically.
Would assess civil penalties between $500 and $20,000 against employers for each illegal immigrant they hire and criminal penalties up to $20,000 per illegal immigrant hired and up to six months in jail for engaging in a pattern of employing illegal workers.
Would raise the number of employment-based green cards from 140,000 to 290,000, and makes more visas available to high-tech and unskilled workers. It would free up other visas by exempting immediate relatives of U.S. citizens from being counted in the annual pool.
Would cancel visas of immigrants who have overstayed and require them to return to their home country to undergo additional screening at U.S. consulates.
Would make it a misdemeanor for an undocumented alien to be in the country illegally.
Would not address President Bush's proposal for a guest worker program.
NEW RULE FOR EMPLOYERS FILING LABOR CERTIFICATIONS
In the practice of filing labor certifications, employers are required to name the employee on whose behalf the application is being filed. Sometimes, the employee may change jobs or find another manner of immigrating. In these cases, the ability to substitute the beneficiary has proven beneficial to both employers and certain substituted employees.
As of July 16, 2007, the current practice of substitution will be eliminated. The new rule will apply to both pending permanent labor certifications as well as approved labor certifications.
Officially, the new rule is the Department of Labor’s administrative regulation Amended 20 CFR 656.22. It will mandate that the information contained in a labor certification application may not be modified after the labor certification application is filed with DOL. This includes the substitution of alien names on the labor certification. Beginning on July 16, 2007, USCIS will no longer accept Form I-140 petitions that are supported by labor certifications that were approved by DOL for an alien other than the alien beneficiary named on the labor certification application
Also, under this new rule, employers must file within 180 days to the Department of Homeland Security the approved permanent labor certification to support the Immigrant Petition for Alien Worker (Form I-140).
Finally, the new rule will also prevent employers who sponsor foreign workers from recovering expenses related to that worker. Therefore, the employer will be required to pay certain legal fees associated with the permanent labor certification process, such as the costs of preparing, filing, and obtaining certification.
ANOTHER NEW RULE FOR EMPLOYERS: NO MORE PREMIUM PROCESSING SERVICE FOR FORM I-140 WITH SUBSTITUTED BENEFICIARIES
Directly related to the above rule, USCIS terminated Premium Processing service for Form I-140 petitions requesting labor certification substitution beginning on May 18, 2007. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007.
Premium Processing Service guarantees that within 15 calendar days of receipt of a petition, USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. Due to the volume of Form I-140 petitions, USCIS can not reasonably ensure this level of processing service for Form I-140 petitions that request labor certification substitution within 15 calendar days.
USCIS SUBSTANTIALLY INCREASES FEES FOR PROCESSING IMMIGRATION BENEFIT APPLICATIONS AND PETITIONS. THE NEW FEE SCHEDULE WILL BE EFFECTIVE JULY 30, 2007.
USCIS has finalized a new fee structure for the processing of immigration benefit applications and petitions. The substantial fee increases will be effective July 30, 2007. All applications or petitions postmarked or otherwise filed on or after that date must include the new fee. Click the link below for a complete fee structure.
USCIS maintains that the new fee structure will allow for more efficient processing and lead to a 20 percent reduction in processing times by the end of fiscal year 2009 and will cut processing times by the end of fiscal year 2008 for four key application types: the I-90 (Renew/Replace Permanent Resident Card), I-140 (Immigration Petition for Alien Worker), the I-485, and the N-400 (Naturalization). These four application types represent one-third of all applications filed.
There has been much criticism and concern that the new fee structure imposes a financial hardship on those least able to afford it.
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