USCIS Announces Cuban Family Reunification Program

USCIS Press Release

USCIS FAQs

USCIS Reminds Employers to Transition to New Employment Eligibility Verification I-9 Form by December 26, 2007.

USCIS Press Release

New I-9 Form

New Employment Eligibility Verification Form Handbook

USCIS announced that due to significant number of citizenship & naturalization applications received this past summer before the filing fee increase, the immigration service expects the normal processing times to average between 16-18 months.

See USCIS Press Release.

We are pleased to mark the end of International Education Week, November 12 - 16, by announcing that the Department has issued a record number of visas to students to study in the United States, exceeding pre-9/11 levels. During Fiscal Year 2007, the Department issued more than 651,000 student and exchange visitor visas - 10 percent more than last year and 90,000 more than were issued in Fiscal Year 2001.

As Secretary Rice has noted, "In this celebration of international education and exchange, the U.S. Department of State joins with the U.S. Department of Education to highlight the critical role of education in our efforts to secure a bright future based on international partnership and understanding."

The number of foreign students attending American institutions of higher learning continues to grow and the Department of State, in partnership with the Institute of International Education, academic institutions, and American colleges and universities, continues to spread the word to international students that we welcome them. Embassy and consular officials meet with prospective foreign students to explain the student visa application requirements and process and they participate in overseas college fairs providing information about education opportunities available in the United States. All consulates offer special appointments in an effort to ensure that foreign students do not miss their classes in the United States while waiting for a visa interview. International students have heard us and are choosing the United States as a premier destination for higher education.

Source: Department of State

2007/1014

Released on November 16, 2007

FAMILY CATEGORIES
Categories	Worldwide	China	India	Mexico	Philippines
1st	Jan-08-02	Jan-08-02	Jan-08-02	Jul-01-92	Sept-22-92
2A	Jan-15-03	Jan-15-03	Jan-15-03	May-01-02	Jan-15-03
2B	Oct-15-98	Oct-15-98	Oct-15-98	Mar-15-92	Jan-01-97
3rd	April-08-00	April-08-00	April-08-00	Jul-08-92	April-01-91
4th	June-22-97	Oct-08-96	Aug-15-96	Sept-22-94	Nov-08-85

EMPLOYMENT CATEGORIES
Categories	Worldwide	China	India	Mexico	Philippines
1st	Current	Current	Current	Current	Current
2nd	Current	Jan-01-03	Jan-01-02	Current	Current
3rd	Sept-01-02	Oct-15-01	May-01-01	April-22-01	Sept-01-02
Unskilled	Oct-01-01	Oct-01-01	Oct-01-01	Oct-01-01	Oct-01-01
4th	Current	Current	Current	Current	Current
Religious	Current	Current	Current	Current	Current
5th	Current	Current	Current	Current	Current

Source: Department of State 
http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html

List of Currently Active EB-5 Regional Centers (as of October 2007). 

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

Usually you must invest at least at least $1,000,000.  However, you are only required to invest at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB.

The engagement in a new commercial enterprise will benefit the United States economy and create full-time employment for not fewer than 10 qualified individuals; or maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

USCIS Fact Sheet on Revised FormI-9

Revised Form I-9

New Employer Handbook for Completing I-9

As of November 1, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated.  Click Here

As early as January 31, 2008, U.S. citizens will be required to present a passport or other approved document to enter the United States at all ports of entry. The Department of State (State) is developing a “passport card” as a means of establishing U.S. citizenship for individuals crossing U.S. land borders or arriving by sea from Canada, Mexico, the Caribbean, or Bermuda. State proposes to charge $45 for the card, which would include a $25 execution fee. Acceptance facilities, including State’s passport offices, as well as post offices and state courts, execute passport applications on State’s behalf, and retain this fee.  Click here to read the GAO-08-63 Study.

Click here for complete Final Rule Federal Register / Vol. 72, No. 212 

Exchange Visitor Program--Sanctions and Terminations

AGENCY: Department of State.

ACTION: Final rule.

SUMMARY: The Department is amending its regulations to add to and modify the existing actions for which the Department may sanction a sponsor. The change in the regulations will streamline the review process to offer sanctioned sponsors the procedural due process rights equal to those that the Administrative Procedure Act guarantees. In addition, the Final Rule eliminates summary suspension and modifies program suspension to halt the activities of a sponsor that has committed a serious act of omission or commission which has or could have the effect of endangering the health, safety, or welfare of an exchange visitor, or damage the national security interests of the United States.

DATES: Effective Date: This Final Rule is effective 30 days from November 2, 2007.

AILA reports that on 11/01/07, during a conference between House and Senate conferees to reconcile differences between their respective versions of the Labor-HHS-Education (H.R. 3043) and the Military Construction-VA (H.R. 2642) appropriations measures, two major provisions have been reportedly stricken -- (1) H-1B fee increase and (2) the amendment added by the Senate that would have recaptured unused green cards for Schedule A Occupations were removed from the bill.
The text of the conference report will not be available until November 5.

The AILA Liaison has been advised that DHS has decided to move forward with a new I-9 form and employer handbook at this time, perhaps as early as the week of November 5. 

The House and Senate appropriations committees are scheduled to meet this Thursday, November 1st to consider including or excluding the Grassley-Sanders amendment (H.ADMT.3396) which adds an additional $3500 fee to the already excessive H-1B visa fees. This additional $3500 is to be used towards the creation of a special education fund to promote studies in the fields of math, science, and engineering. This significant H1B visa tax will only make it more and more difficult for US employers to hire qualified foreign workers.  To help stop this fee increase, please see AILA’s Take Action website located: http://capwiz.com/aila2/home/.

DEPARTMENT OF STATE

22 CFR Part 62

RIN 1400-AC38

[Public Notice 5977]

Exchange Visitor Program--Fees and Charges for Exchange Visitor Program Services

AGENCY: Department of State.

ACTION: Final rule.

DATES: Effective Date: This rule is effective December 3, 2007.

SUMMARY: On June 22, 2007, the Department of State published a Proposed Rule to revise its regulations regarding fees and charges for Exchange Visitor Program services. These proposed regulations are adopted without change. The fees permit the Department to recoup the cost of providing such Exchange Visitor Program services.

Sec. 62.17 Fees and charges.

(a) Remittances. Fees prescribed within the framework of 31 U.S.C. 9701 must be submitted as directed by the Department and must be in the amount prescribed by law or regulation.

(b) Amounts of fees. The following fees are prescribed for Fiscal Years 2008-2009 (October 1, 2007--September 30, 2009):

(1) For filing an application for program designation and/or redesignation (Form DS-3036)--$1,748.

(2) For filing an application for extension beyond the maximum duration, change of category, reinstatement, reinstatement-update SEVIS status, ECFMG-sponsorship authorization, and permission to issue--$246.

8 CFR Part 245

[CIS No. 2420-07; Docket No. USCIS-2007-0047]

RIN 1615-AB62

Removal of Receipt Requirement for Certain H and L Adjustment Applicants Returning From a Trip Outside the United States

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Final rule.

DATES: Effective Date: This rule is effective November 1, 2007.

SUMMARY: This rule removes the requirement that certain H and L nonimmigrants returning to the United States following a trip abroad must present a receipt notice for their adjustment of status applications to avoid having such applications deemed abandoned. The purpose of this narrow change is to remove an unnecessary documentation requirement from the regulations that the Department of Homeland Security has determined causes an undue burden on H and L nonimmigrants.

Bill SA3404 with a Nurse Amendment to the Labor-HHS appropriations bill, was passed by Senate on October 31, 2007.  The bill calls for providing temporary relief by making 61,000 green cards available to Schedule A nurses and family.  Both the House and Senate will formally begin discussions on Wednesday and Thursday. They are saying that the biggest risk for this not to pass is probably that some Congressmen will not like the $3500 H1B tax requesting to be added to existing H1B filing fees.