After few weeks, the program entitled “Scheduled Departure” is about to end, according to the Associated Press. The program allowed illegal immigrants who are subject to judicial order to leave the United States and who do not have a criminal record to turn themselves in voluntarily and be allowed to wrap up their departure in [...]
We wrote in June about the lawsuit challenging the 17-month OPT extension for STEM students. The lawsuit was brought by the Immigration Reform Law Institute, joined by the Programmers Guild and other organizations. The lawsuit challenged the administration’s decision to extend the work period for students under the OPT program and argued that the OPT [...]
An AAO decision was released recently which commented on whether it is required for a petitioner who has filed a Form I-131, application for re-entry permit to be physically in the country when the application is filed. The answer, according to the AAO decision is that the petitioner must be physically located in the U.S. at the time the I-131 re-entry permit application is filed. While it is true that the AAO decision is based on the old rules which did not require biometrics to be taken for each re-entry permit application, it is important to understand that all re-entry permits should be filed when the petitioner is in the U.S. and that the petitioner must attend the biometric appointment or risk a denial of the application.
The title may not suggest how this post is related to labor immigration, but it is. In an interview with the Wall Street Journal, the formed Federal Reserve Chairman Alan Greenspan suggested that one of the easiest, yet politically difficult, ways to alleviate the housing crisis is by … a major expansion of the quotas [...]
The September 2008 Visa Bulletin has been released by the Department of State. It brings a mix of good and bad news. The good news for EB-2 applicants from India and China continues this month as well - the dates for EB-2 India and EB-2 China moved by two months, from June 1, 2006, to August [...]
The USCIS has released an update to the projected processing times for naturalization petitions. Based on updated projections, USCIS estimates that the naturalization process would take an average of 10-12 months by the end of September 2008 (compared with the estimated 16-18 months projections announced last year). The increase in processing time was mainly due to [...]
The Department of State rule, known as the "automatic revalidation" of visas is a rule which allows holders of almost all classes of U.S. visas to travel to a "contiguous territory" and return to the U.S. without a current valid stamp in the passport. Persons in F, J, H and O status can travel to Canada or Mexico and return to the U.S. without a valid visa stamp. Persons in F and J status can, in addition to Mexico and Canada, visit the "adjacent islands" (Caribbean islands except Cuba) and return to the U.S. without a valid visa stamp in their passport. Please read the entire article for more details on the automatic visa revalidation program.
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.