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.
On July 30, the USCIS announced that it has reached the H-2B cap for the first half of the fiscal year 2009. According to this announcement, July 29, 2008 is the “final receipt date” for H-2B petitions. All petitions received after July 29, 2008 for H-2B with starting date of April 1, 2009 will be [...]
The USCIS has released a revised list of vaccines required for applicants seeking to adjust status to become permanent legal residents. Please read the full article for the updated list of vaccines, required for all medical exams conducted on or after August 1, 2008.
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.
USCIS updated the H-2B cap numbers as of July 21st. As of that date, there have been 29,234 petitions counted towards the 33,000 cap for the first half of the fiscal year. With the current rate, the H-2B cap is expected to be reached within a week or so.
The first step which must be taken by an F-1 student who wishes to apply for OPT renewal pursuant to the 17-month extension rule is to ensure that his or her school is on the list of SEVP schools which are authorized to issue 17-month OPT extensions. The Immigration and Customs Enforcement (ICE) has released an updated list of SEVP schools. Please read the full article for the updated SEVP schools list.