Legal News

USCIS Modifies Application for Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) announced today that it has revised Form I-765, Application for Employment Authorization. The form now includes additional eligibility codes. More...

USCIS Releases Projected Naturalization Processing Times For Local Offices
U.S. Citizenship and Immigration Services (USCIS) released today the projected times for local offices to complete processing of applications for citizenship from individuals who filed during the summer of 2007. More...

USCIS Issues Guidance For Approved Violence Against Women Act (VAWA) Self-Petitioners
U.S. Citizenship and Immigration Services (USCIS) recently provided guidance to USCIS adjudicators for adjudicating Adjustment of Status (Form I-485) applications filed by Violence Against Women Act (VAWA) self-petitioners who are present in the United States without having been inspected and admitted or paroled. More...

Adjusting Program Fees and Establishing Procedures for Out-of-Cycle Review and Recertification of Schools Certified by the Student and Exchange Visitor Program To Enroll F or M Nonimmigrant Students
The Department of Homeland Security (DHS) is proposing to amend the Student and Exchange Visitor Program (SEVP) school certification petition fee and the application fee for nonimmigrants seeking to become academic (F visa) or vocational (M visa) students, or exchange visitors (J visa). More...

Adjustment of status for VAWA self-petitioner who is present without inspection
This memorandum provides guidance to USCIS adjudicators for adjudicating adjustment of status applications filed by VAWA self-petitioners who are present in the United States without having been inspected and admitted or paroled. More...

USCIS Service Center Processing Times - 04/15/08
This page provides you with the most recent processing times for petitions and applications submitted to the U.S. Citizenship and Immigration Service (USCIS). More...

ICE FAQs on Student and Exchange Visitor Visa Program
ICE FAQs on the proposed fee increase to the Student and Exchange Visitor Program (SEVP). More...

USCIS To Allow F-1 Students Opportunity To Request Change Of Status
U.S. Citizenship and Immigration Services (USCIS) announced today that it would allow F-1 students who are the beneficiaries of selected H-1B petitions for fiscal year (FY) 2009 to request a change of status in lieu of consular notification. More...

DHS Signs Visa Waiver Program Agreement with Korea
U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today a Visa Waiver Program (VWP) Memorandum of Understanding (MOU) with Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. More...

Secretary Chertoff Presents DHS FY 2009 Budget to House Committee on Appropriations
DHS Secretary Chertoff covered border fencing and enforcement, WHTI document standards, enhanced driver’s licenses, ten-fingerprint biometric collection, E-verify, detention center bed space and staffing, and more in his 4/10/08 statement before the Subcommittee on Homeland Security of the House Committee on Appropriations. More...

Commonwealth Of The Northern Mariana Islands
Pending Legislation Would Apply U.S. Immigration Law to the CNMI with a Transition Period. More...

Extension of Validity of Medical Certifications on Form I-693
This memorandum temporarily extends the validity of civil surgeon endorsements on Form I-693 for certain adjustment of status applicants. More...

AAO Finds Denial Issued Prior to Timely Filed RFE Response
AAO finds the H-1B petition was denied prior to the petitioner’s timely response to an RFE. More...

AAO Finds Exceptional Hardship in Country Conditions, Threat to Surgical License and More
In a non-precedent decision, AAO sustains appeal of denied 212(e) waiver application, finding that the applicant’s U.S. citizen, surgeon spouse would suffer exceptional hardship if her husband were to return to Venezuela alone, or if she were to relocate with him. More...

Tips for Filing Petitions and Applications to the National Benefits Center
This page has been designed to provide helpful hints to applicants, attorneys, and representatives when filing petitions and applications with the Chicago Lockbox and NBC. More...

STEM Designated Degree Programs
The following is a list of Classification of Instructional Programs codes published by the National Center for Education Statistics (NCES CIP codes) that have been designated by ICE as science, technology, engineering, or math (STEM) degrees for the purpose of approving a 17-month STEM extension of optional practical training (OPT) under the provisions of 8 CFR 214.2(f)(10)(ii)(C). More...

AAO Finds Exceptional Hardship in Unrecognized Marriage under Islamic Law and Country Conditions
In a non-precedent decision, AAO sustains appeal of denied 212(e) waiver application, finding that the U.S. citizen spouse would suffer exceptional hardship were he to relocate to Egypt with his spouse, where their marriage would not be recognized under Islamic law, or, if in the alternative, his spouse returned to Egypt without him. More...

Advance Copy of Proposed Rule to Increase SEVIS Fees
Adjusting program fees and establishing procedures for out-of-cycle review and recertification of schools certified by the student and exchange visitor program to enroll F or M Nonimmigrant students. More...

DNA-Sample Collection Under the DNA Fingerprint Act of 2005 and the Adam Walsh Child Protection and Safety Act of 2006
The Department of Justice is publishing this proposed rule to implement amendments made by section 1004 of the DNA Fingerprint Act of 2005 and section 155 of the Adam Walsh Child Protection and Safety Act of 2006 to section 3 of the DNA Analysis Backlog Elimination Act of 2000. More...

USCIS Runs Random Selection Process For H-1B Petitions
U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H- 1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. More...

CBP Announces Pilot for Global Entry Pilot Program
U.S. Customs and Border Protection today announced the Global Entry pilot program, scheduled to launch this summer. Global Entry is designed to expedite the screening and processing of low-risk, frequent international “trusted” travelers entering the United States. More...

CBP Announces Expedited Clearance Pilot Program for Low-Risk Travelers
CBP announced the International Registered Traveler (IRT) pilot program, which will allow for expedited clearance of pre-approved low-risk air travelers into the United States. More...

Processing Petitions for Nonimmigrant Victims of Criminal Activity
USCIS announced that it will not reevaluate previous grants of U status interim relief where individuals have not met the regulatory 180 day deadline to file under the new regulations. More...

USCIS Releases Preliminary Number Of FY 2009 H-1B Cap Filings
U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category. More...

DOL Publishes Final Rule on E-3 Visa LCA Requirements and Filing Procedures
DOL published a final rule amending E-3 visa regulations regarding procedures employers must follow to obtain an LCA. The final rule is effective immediately. More...

Citizenship Available to Child of USC Parent Who Acquired Legal Custody After Naturalization
A child who has satisfied the statutory conditions of former section 321(a) of the INA, before the age of 18 years has acquired United States citizenship, regardless of whether the naturalized parent acquired legal custody of the child before or after the naturalization. More...

USCIS Publishes Revised Information Collection on Form I-134
USCIS published a revised information collection on Form I-134, Affidavit of Support. More...

Improvements to Student and Exchange Visitor Program Announced
U.S. Immigration and Customs Enforcement (ICE), a component of the U.S. Department of Homeland Security, announced today that it has significantly enhanced the Student and Exchange Visitor Program (SEVP) and, for the first time, is proposing to raise fees to support the improvements. More...

Briefing on the Latest Developments in the Iraqi Refugee Admissions Program
DOS held a briefing on the status of the Iraqi Refugee Admissions Program. Ambassador James Foley, Senior Coordinator for Iraqi Refugee Issues, discussed the number of Iraqis resettled in the U.S. in 2007-08, and the number of interviews that will be carried out by the end of the year. More...

Naturalization Through Military Service
USCIS released an updated Fact Sheet on naturalization through military service. More...

Extension Of Optional Practical Training Program For Qualified Students
Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either pre- and/or post- completion of studies. More...

Report of Medical Examination of Aliens Seeking Adjustment of Status
USCIS posted a new version of Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, to its website. More...

USCIS Reaches FY 2009 H-1B CAP
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. More...

DHS Publishes Interim Final Rule Extending OPT Period
DHS published an interim final rule extending the OPT period for qualified F-1 students. More...

DOL Statistics on PERM Processing
An April 2008 DOL Fact Sheet offers selected statistics on PERM processing. More...

DOS Releases 2007 Data on Immigrant and Nonimmigrant Visas Issued at Foreign Service Posts
The DOS Visa Office posted tables to its website with 2007 data on immigrant and nonimmigrant visas issued a foreign service posts. The data is broken down by state of chargeability, preference categories, and class. More...

DHS Announces Interim Final Rule Extending OPT
DHS announced an interim final rule extending the period of Optional Practical Training (OPT) for qualified F-1 nonimmigrant students. More...

17-Month Extension of Optional Practical Training for Certain Highly Skilled Foreign Students
The U.S. Department of Homeland Security released today an interim final rule extending the period Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. More...

USCIS Publishes Information Collection Extension on I-9
USCIS published an information collection extension on Form I-9, Employment Eligibility Verification. More...

DOS Publishes Information Collection on Form DS-2019
DOS published an information collection on Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status. More...

The E-Verify Program For Employment Verification
A Memorandum of Understanding between the Department of Homeland Security, the Social Security Administration and State Employment Agencies, regarding a State Employment Agency’s participation in E-Verify. More...

E-Verify Manual Registration Process for State Workforce Agencies
The E-Verify program is jointly administered by the Department of Homeland Security (DHS) through United States Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA). More...

Memo Mandating that SWAs Verify Employment Eligibility
This memorandum describes the legislative and regulatory authority for the Department of Labor (DOL) to require State Workforce Agencies (SWAs) to verify the employment eligibility of workers referred by SWAs to jobs for which an employer is seeking a labor certification for temporary agricultural employment. More...

USCIS to Accept H-1B Petitions Sent to California or Vermont Service Centers
U.S. Citizenship and Immigration Services (USCIS) announced that it will not reject an H-1B petition that is subject to the fiscal year 2009 cap solely on the grounds that it was received at the wrong service center (e.g., the petition may have been inadvertently mailed to the California Service Center instead of the Vermont Service Center or vice versa). More...

Statement by Homeland Security Secretary Michael Chertof
Statement by Homeland Security Secretary Michael Chertoff on the Nomination of Elaine Duke as the Department’s Under Secretary for Management. More...

Hague Convention on Intercountry Adoption Enters into Force
The Hague Convention establishes international norms and procedures for processing intercountry adoption cases involving more than 70 Convention member countries. More...

EOIR Swears In a New Assistant Chief Immigration Judge and 11 Immigration Judges
Executive Office for Immigration Review (EOIR) Director Kevin A. Ohlson announced that a new assistant chief immigration judge and 11 immigration judges were sworn in today during an investiture ceremony at EOIR Headquarters in Falls Church, Va. More...

DOS Publishes Request for Comments on Form DS-160
DOS published an information collection on Form DS-160, Nonimmigrant Visa Electronic Application. More...

DOL submitted ETA 9089 to OMB
ETA Form 9089 Submitted to OMB and the comments are requested and due 30 days from 3/31/08. More...

ETA Form 9089
Application for Permanent Employment Certification ETA Form 9089. More...

Application for Permanent Employment Certification ETA Form 9089 – Instructions
Please read these instructions carefully before completing the ETA Form 9089 – Application for Permanent Employment Certification. More...

DOL Round 1 FAQs on National Processing Center Specialization
On 4/3/08 DOL released Round 1 FAQs on National Processing Center (NPC) specialization. More...

EOIR Publishes Revised Information Collection on Change of Address Form
EOIR published a revised information collection on Alien’s Change of Address Form 33/BIA, 33/IC. More...

Accessing NIV Petition Information Via the CCD
Consular posts are now able to access the details of approved nonimmigrant visa petitions through the CCD in a new report called "PIMS" (Petition Information Management Service). More...

All Jurisdictions Meet Initial REAL ID Requirements
The U.S. Department of Homeland Security (DHS) has granted REAL ID extensions to all 56 U.S. jurisdictions, ensuring that driver’s licenses and ID cards across the country will achieve a higher security standard, and that all will continue to be acceptable for official purposes after the May 11, 2008 deadline mandated by Congress in the REAL ID Act of 2005. More...

Homeland Security And State Departments Announce WHTI Land And Sea Final Rule
The U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) announced today the final rule for the land and sea portion of the Western Hemisphere Travel Initiative (WHTI), a core 9/11 Commission recommendation. More...

Publication of Western Hemisphere Travel Initiative (WHTI) Land and Sea Final Rule
Frequently Asked Questions on Publication of Western Hemisphere Travel Initiative (WHTI) Land and Sea Final Rule. More...

Most Jurisdictions Meet Initial REAL ID Requirements
The U.S. Department of Homeland Security (DHS) has granted extensions to 49 of 50 states, the District of Columbia and all five U.S. territories, putting more than 99 percent of U.S. driver’s licenses and ID cards on the path to secure identification. Congress mandated in the REAL ID Act of 2005 that state-issued identification must be REAL ID compliant to be acceptable for official purposes. More...

To Report Suspected Criminal Violations by USCIS Employees
If you have knowledge of suspected criminal violations, misconduct, wasteful activities, and allegations of civil rights or civil liberties abuse, you may report them to the DHS Office of Inspector General. Calls can be made anonymously and confidentially. More...

Advance Copy of CBP Notice on Washington State’s Enhanced Driver’s License
An advance copy of a CBP notice announces that DHS Secretary Chertoff is designating enhanced drivers’ licenses (EDL) and identity documents issued by the State of Washington as acceptable documents to denote identity and citizenship under the Western Hemisphere Travel Initiative (WHTI). More...

USCIS National Stakeholder Meeting
Question and Answers on I-589 nunc pro tunc application filing procedures, adjustment applications and material support, repeat requests for fingerprints, filing fees for adjustment applications in proceedings that are later administratively closed, Child Status Protection Act, Fee waivers, Diversity Visa 90 Day filing procedures and other issues. More...

Aytes Memo Revises AFM Regarding U Visas
USCIS, revises Chapter 39 of the Adjudicator’s Field Manual, establishing the requirements and procedures for foreign nationals seeking U nonimmigrant status. More...

Student (F and M Visa) and Exchange Visitor (J Visa) Annual Update
An annual update of student and exchange visitor visa issues. The applicant should make sure the post has a clear procedure in place for expediting F, M, and J appointments and that this procedure is prominently placed on post's website. The SEVIS record is the definitive record of a student's or exchange visitor's selection/eligibility for an F, M, or J program. More...

USCIS And FBI Release Joint Plan To Eliminate Backlog Of FBI Name Checks
U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) today announced a joint plan to eliminate the backlog of name checks pending with the FBI. More...

FAQs on the “Substitutions Plus” Final Rule
DOL released Round 2 FAQs on the 5/17/07 final rule on labor certifications and other issues. More...

USCIS Updates Projected Naturalization Case Processing Time
U.S. Citizenship and Immigration Services (USCIS) announced today that it will finish more than one million naturalization cases during fiscal year 2008 – far exceeding the number of cases completed last year. More...

USCIS Announces Interim Rule on H-1B Visas
U.S. Citizenship and Immigration Services (USCIS) transmitted an interim final rule to the Federal Register that prohibits employers from filing multiple H-1B petitions for the same employee. More...

USCIS Announces Changes to Guatemala Adoptions
U.S. Citizenship and Immigration Services (USCIS) today announced it is not able to approve any Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted from Guatemala. More...

Processing of Initial Parole or Renewal Parole Requests Presented by Natives or Citizens of Cuba to USCIS Field Offices
This memorandum provides U.S.Citizenship and Immigration Services (USCIS) Filed Offices guidance on processing of initial parole or renewal parole requests presented by natives or citizens of Cuba. More...

DHS Plans to Meet US-VISIT Goals - A Report from GAO
GAO study assesses whether DHS has defined and economically justified a strategy for meeting US-VISIT goals. More...

Employment Verification Bill Preempted by IRCA
The Nevada Attorney General concluded that a state law that imposes administrative fines on business licensees for employment verification violations is preempted by IRCA. More...

SCOPS Update - 03/27/08

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