We have written previously on several occasions about the Electronic System for Travel Authorization (ESTA) which is now live and operational. Direct link. The new system opened on August 1 and will be voluntary in nature until January 12, 2009, when it becomes mandatory for all individuals traveling under the visa waiver program (VWP). We have [...]
The E-Verify program, as we know it and have used to love it or hate it now, is set to expire on November 1st. E-Verify and its requirements to verify the employment eligibility for all new hires is the cornerstone of many states' immigration enforcement laws. For example, South Carolina and Arizona require all or a large portion of the companies who employ workers to use E-Verify. With the Senate in recess from August 1 until September 7, and target adjournment date of September 26, there are not many days left for Congress to consider the many issues that surround E-Verify. Many senators wish to condition or structure E-Verify's reauthorization with some other immigration measures. Some of the proposed bills are likely to spur a fair amount of opposition and their passage, as proposed, is not guaranteed. Until then, E-Verify is still operational, but the limited calendar and the desire of the U.S. congressmen to push alternative immigration measures alongside E-Verify may mean that its renewal will be down to the wire. The E-Verify program, as we know it and have used to love it or hate it now, is set to expire on November 1st. E-Verify and its requirements to verify the employment eligibility for all new hires is the cornerstone of many states' immigration enforcement laws. For example, South Carolina and Arizona require all or a large portion of the companies who employ workers to use E-Verify. With the Senate in recess from August 1 until September 7, and target adjournment date of September 26, there are not many days left for Congress to consider the many issues that surround E-Verify. Many senators wish to condition or structure E-Verify's reauthorization with some other immigration measures. Some of the proposed bills are likely to spur a fair amount of opposition and their passage, as proposed, is not guaranteed. Until then, E-Verify is still operational, but the limited calendar and the desire of the U.S. congressmen to push alternative immigration measures alongside E-Verify may mean that its renewal will be down to the wire. We at the Capitol Immigration Law Group will continue monitoring the situation on behalf of our clients and report as we get updates. To receive timely updates please visit this site regularly, subscribe to its RSS feed, or subscribe to our email newsletter.
Section 245(a) of the Immigration and Nationality Act (INA) allows for the adjustment of status (I-485) which so many of our clients and readers are well familiar. Section 245(c) of the INA establishes eight (8) bars to adjustment of status. However, adjustment of status based on employment-based immigrant visa are exempt from three of these bars, pursuant to Section 245(k). In a July 14, 2008, Memorandum, Donald Neufeld seeks to explain the applicability of these exemptions and provide details and clarifications on the applicability of the exemptions and the adjudication procedures. Please read the full article for details on the July 14, 2008, Memorandum and analysis on its implications.
We have written about the upcoming new system for pre-registration of travelers of visa waiver countries coming to the U.S. Under the new system, all travelers will be required to complete a pre-registration via an online system before departing for the U.S. There will be a period of several months in which the system will be functional, yet completion of the information will be optional. It is expected that beginning January 2009 such pre-registration will be mandatory for all visa waiver country travelers. The USCIS has now released a series of screenshots indicating the actual operation of the registration website. Please read the full article for more information and for the USCIS-released screenshots.
We wrote earlier about the availability of limited I-140 premium processing filings. It is only available to certain H-1B holders who "H-out" of their status and for whom the only way to remain on H-1B status would be a I-140 premium processing filing. The USCIS has now commented on some of the limitations on the I-140 premium processing program and has provided some guidance and clarification on which types of I-140 are eligible for premium processing. Please read the full article for further details.
The Government Accountability Office (GAO) has commented on the program announced recently by USCIS which aims to pre-register all travelers to the U.S. coming from Visa Waiver Program (VWP) countries. We wrote extensively about the program earlier in June. Under the new program, which is optional until January, when it becomes mandatory for all of VWP travelers from 27 countries, all travelers to the U.S. must pre-register before traveling to the U.S. through an online system by entering personal information such as passport number, intended dates of travel, etc. If the system rejects the pre-registration, the traveler must apply for a visa at the U.S. consulate. Please read the rest of the article on details about the anticipated visa processing backlogs.
The debate surrounding E-Verify is in full force. In the meantime, the federal government and many states are busy implementing regulations requiring employers to become E-Verify compliant and start using the E-Verify system for all of their new hires. The latest regulation is an Executive Order 12989 as Amended, dated as of June 6, 2008, which [...]
The Department of Homeland Security has announced an Interim Final Rule which creates a new online system which is part of the Visa Waiver Program (VWP). The new online system will require all nationals or citizens of VWP countries who plan to come to the United States under the VWP to register their travel in [...]
Following the H-1B lottery, where roughly half of the applications were rejected in the lottery, we are providing an overview of the pending H-1B relief bills in Congress. The main piece of legislation in connection with H-1B relief is the SKIL Bill (HR 1930, S 1083). The bill would raise the H-1B cap to 115,000 and provide for market-based increase if the cap has been reached during the previous years. The bill would also exempt from the cap professionals with U.S. master's or higher degrees AND some medical specialty certificate awardees. Finally, the SKIL Bill contemplates including into the 20,000 advanced degree cap holders of advanced degree from non-U.S. educational institutions. Please read the full article for more details on the pending bills in Congress seeking to provide H-1B relief.
The United States Immigration and Customs Enforcement (ICE) has released a map of SEVIS-approved schools in the U.S. The map is useful tool for foreign students hoping to come to study in the United States or to transfer to a new school as it lists schools authorized to issue F-1 visas and other education-related immigration benefits. Please read the full post for details and link to the SEVIS-approved schools map.