The August 2008 Visa Bulletin is about to be released and we have reliable (based on past experience) information that EB-2 India will move forward by more than two years - from April 2004 to June 2006. This is excellent news for applicants in the EB-2 India category. Stay tuned as we wil update this post with more information as the official State Department Visa Bulletin is distributed.
Many of our clients and readers have asked us what kind of relief or changes they can expect once the new president takes office in January of 2009. Although it is difficult to predict the exact type of policies they will implement once they take office, the Wall Street Journal created a helpful chart comparing Obama and McCain on immigration. Please read the full article for details on Obama and McCain's immigration policies and for analysis on how it may impact the immigrant community.
USCIS recently announced the launch of the online FOIA status check. The system is designed to provide a secure way for FOIA petitioners to check the status on their request. Please read more for details on this new online system and for link.
USCIS has released a new version of the Form I-9, Employment Eligibility Verification. Employers should start using the revised form (it has Rev. 06/16/08 in the bottom right corner) effective immediately because USCIS will no longer accept older versions. Please read the full article on more information on the new Form I-9.
A very frequent two-part question we receive from current and prospective clients who are expecting visa number and have used AC21 to switch employers and are no longer with the original employer who sponsored their green card is 1) whether they can travel abroad using advance parole (AP) document issued by the former employer and 2) what should they respond, upon return, when questioned by a border agent about their employment situation. Please read the full article for more details.
The Department of Labor's Office of Foreign Labor Certification has released its October 2007 - May 2008 statistics on PERM processing. It is interesting to note that 44% of the active (pending) PERM cases were in "Audit" stage, most likely in connection with the recent decision to audit all PERM applications filed by a major immigration law firm. Please read the full post for more details on DOL's PERM processing statistics.
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.
We have all heard or seen references to the "A Number." Many USCIS forms ask for it, and many of our clients have asked us, "What exactly is the 'A Number'?" The "A Number" stands for Alien Registration Number. It is a number that starts with an "A" followed by eight-digits. Not all foreign nationals have an A Number. Most people get A Number when they apply for adjustment of status, seek employment authorization document (EAD), apply for a V visa or are subject to deportation proceedings. Please read the full article for more details on the A Number.
USCIS has released a guidance on the criteria it uses to grant or reject a request for expedited processing (such as for Re-entry permit, etc.). All expedited processing requests are reviewed on a case-by-case basis. Please read the full post for details on USCIS's expedited processing criteria.
USCIS has released more information about the scope of the new rule which allows USCIS to issue 2-year EADs. The rule becomes effective on June 30, 2008 and after this date, USCIS will issue 2-year EADs only to individuals who have filed petitions to become a lawful permanent resident (LPR) using Form I-485 and have requested an EAD but are unable to become LPR because a visa number is not currently available. Upon renewal of EAD, USCIS will look at the visa bulletin and issue a 2-year replacement EAD only if a visa number is not currently available for the petitioner. Please read the full article for more details regarding this new rule.