Premium Processing for EB-1
(11/8/2006)

Starting on November 13, 2006, Premium Processing Service will be available for employment-based immigrant visa petitions for aliens of extraordinary ability in their fields (EB-1).

Department of Labor Announces...
(10/5/2006)

The Department of Labor will allow employers who filed traditional labor certification applications prior to March 28, 2005 to request that such applications be converted to Reduction in Recruitment (RIR) processing. Implication is that the employer can then re-file the RIR case as a PERM case later, a faster process, while keeping the original priority date.

Senate Passes Important House Bills on Immigration
(10/4/2006)

The Senate passed the Border Tunnel Prevention Act of 2006 (H.R. 4830) that criminalizes construction of underground tunnels and landowners who permit such construction. The Senate also passed the Secure Fence Act of 2006 (H.R 6061) that requires a 700 mile fence be constructed along the United States' southern border.

Extension of the J-1 Visa Waiver Program
(9/27/2006)

The House Judiciary Committee amended and passed the Physicians for Underserved Areas Act (H.R. 4997) that reauthorized the J-1 Visa Waiver Program for 2 years.

Additional Premium Service
(9/22/2006)

Starting on September 25, 2006, the USCIS will expand Premium Service to EB-1 outstanding professors and researchers, EB-2 professional with advanced degrees or exceptional ability not seeking a National Interest waiver, and EB-3 workers other than skilled or professional workers.

Department of Labor Establishes Procedure to Check on Labor Certifications
(9/15/2006)

The U.S. Department of Labor (DOL) has established a procedure to check on the status of an application at a Backlog Elimination Center (BEC) through the Backlog Public Disclosure System (PDS). The website can be accessed at: http://www.pbls.doleta.gov/pbls_pds.cfm. DOL also established a procedure for employers who believe an application should be pending at a BEC but have not received any contact from a BEC. The procedure is available at: http://ows.doleta.gov/foreign/pdf/backlog_faqs_09-11-06_nobec.pdf

Limitation on I-140 Premium Processing Service
(9/7/2006)

From the USCIS Website: Are there any additional conditions of availability being placed on the Premium Processing Service at this time? Yes. This will accord USCIS the flexibility to adapt to contingencies affecting its ability to provide Premium Processing Service. Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve: 1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending; 2. Labor Certification substitution requests; and 3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor). USCIS is prescribing these additional conditions of availability on Premium Processing for Form I-140 because of their special processing requirements, including locating and transferring other files or documents internally and requesting initial evidence from an outside agency, that make it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period.

State Department Comments on Schedule A Visas
(8/24/2006)

The State Department announced that the category for Schedule A visas should remain "current" in October 2006, but with only 1000 such visas available, the quota may be reached sooner.

Western Hemisphere Travel Initiative (WHTI)
(8/18/2006)

Under DHS' WHTI, all United States citizens and certain foreign nationals (from Canada, Mexico and British Overseas Territories of Bermuda) will be required to present a passport or other accepted documents to establish identity and citizenship upon entry or re-entry into the United States. The proposed timeline for WHTI is January 8, 2007 for air and sea travel and January 1, 2008 for all air, sea, and land border crossings into the United States.

USCIS Expands Premium Processing Service
(8/18/2006)

USCIS has expanded its Premium Processing Service for two new classifications - the EB-3 Professionals and the EB-3 Skilled Workers. Premium Processing Service allows businesses to pay $1000 in exchange for a 15 calendar-day processing. The programs starts on August 28, 2006.

New Proposed Rulemaking from DHS/DOS
(8/14/2006)

The Department of Homeland Security and the Department of State has proposed a new rule to require certain travelors between the United States and Mexico, Bermuda, and Canada to carry their passports. The new rule would be effective January 8, 2007.

New Visa Bulletin
(8/14/2006)

The Department of State has released the Visa Bulletin for September.

SSN for E-1, E-2, and L-1 Spouses
(8/10/2006)

Spouses of E-1, E-2, or L-1 visa holders do not need an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS) in order to apply for and obtain a Social Security Number (SSN). However, to work legally in the United States, the spouse should obtain an EAD from USCIS.

USCIS Urges H-2B Employers to Continue to Identify "Returning Workers"
(7/31/2006)

On July 28, 2006, the U.S. Citizenship and Immigration Services ("USCIS") reminded employers who use the H-2B nonimmigrant visa program to fulfill their temporary labor workforce needs that the “returning worker” provisions of the Save Our Small and Seasonal Businesses Act of 2005 ("SOS Act"), section 214(g)(9) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)), are currently set to expire on October 1, 2006. That date is the first day of fiscal year ("FY") 2007. In order to ensure accurate H-2B cap counting for FY 2007, USCIS must prepare for several scenarios: (1) the “returning worker” provisions are not extended; or (2) the “returning worker” provisions are extended by future legislation, either before or after the scheduled sunset of these provisions at the close of FY 2006. Bills extending the “returning worker” provisions have been passed by the Senate (section 753 of S. 2611 and section 1091 of H.R. 5122) but whether they will be extended by Congress in enacted legislation, and if so, when, is a matter entirely within the discretion of Congress. The “returning worker” provisions of the SOS Act exempt from the annual H-2B fiscal year cap those aliens who were counted toward the H-2B numerical limit during any one of the three fiscal years preceding the fiscal year of the requested employment start date. As noted, these H-2B “returning worker” provisions will not apply to FY 2007 under the SOS Act’s sunset provision. USCIS has already begun to receive petitions from employers requesting H-2B workers for employment start dates in FY 2007. Because it is uncertain whether the H-2B “returning worker” provisions of the SOS Act will be reauthorized by Congress, USCIS urges prospective H-2B employers to continue to identify and certify those workers who qualify as “returning workers” under current law when filing petitions for employment start dates in FY 2007 as well as FY 2006. This will enable USCIS to maintain an accurate cap count of H-2B nonimmigrant workers for FY 2007 regardless whether the “returning worker” provisions expire or are reauthorized. Petition forms and processing will follow current rules, with these additional requirements for “returning workers:” • The petition must include a certification from the petitioner (employer) signed by the same person who signed the Form I-129 stating, “As a supplement to the certification made on the attached Form I-129, I further certify that the workers listed below have entered the United States in H-2B status or changed to H-2B status during one of the last three fiscal years.” The list must set forth the full name of the worker. If the petition seeks change of status of the worker within the United States, it must include evidence of previous H-2B admissions, such as a visa or a copy of I-94 admission document. A sample “returning worker” attestation produced by USCIS was first made available for use by H-2B employers on March 16, 2006, and may be found at http://www.uscis.gov/graphics/formsfee/forms/files/H2B_Attestation.pdf. • Multiple Workers: A single petition may benefit more than one worker, including unnamed workers in “special filing situations” for business reasons. However, any returning workers must be listed in a certification as described above. For multiple named workers, including returning workers, “Attachment 1” to Form I-129 must be included and completed. • After the Petition: A petition approval notice will list any returning workers, who must be prepared to show to the U.S. consulate (when requesting an H-2B visa) or CBP port inspector (if visa exempt) proof of the worker’s previous H-2B admissions, such as a visa or a copy of I-94 admission document. The State Department will confirm prior visas through its electronic system, and that alone may be sufficient, but failure to show these documents may result in denial of visa or admission. Cap Counting Procedures for H-2B Workers USCIS notes that the controlling date for H-2B fiscal year cap counting is the requested employment start date. Therefore, petitions filed by prospective H-2B employers for “returning workers” with requested employment start dates of September 30, 2006 or earlier will continue to be approved by USCIS if all other eligibility requirements are met, and those “returning workers” identified and certified within such petitions will be deemed exempt from the FY 2006 cap despite the fact that their work for the H-2B employer will almost certainly extend into FY 2007, even if the SOS Act is not extended. As a result of the expiration of the “returning worker” provisions of the SOS Act, however, all petitions requesting H-2B workers for new employment with an employment start date of October 1, 2006 or later (e.g. FY 2007 employment) must be counted toward the annual H-2B cap of 66,000 for FY 2007, whether or not they would be recognized as H-2B “returning workers” under the provisions of law currently applicable to FY 2006 start dates. In the event that the “returning worker” provisions of the SOS Act are reauthorized for FY 2007, and if employers continue to identify and certify “returning workers” in their H-2B filings, USCIS will be able to identify appropriate individuals as cap exempt and thus adjust its running cap counts for H-2B accordingly, making more numbers available to other workers. If Congress has not extended the SOS Act by the time USCIS reaches the 33,000 cap for H-2B workers (including those provisionally designated as “returning workers”) for the first half of FY 2007, USCIS will give notice that the cap has been reached and will reject further cap-subject H-2B filings. Petitions for current H-2B workers do not count towards the congressionally mandated H-2B cap. Accordingly, USCIS will continue to process petitions filed to: • Extend the stay of a current H-2B worker in the United States. • Change the terms of employment for current H-2B workers. • Allow current H-2B workers to change or add employers. [Article from U.S. Department of Homeland Security Press Office July 28, 2006]

H-1B Advanced Degree Petition Cap Reached
(7/27/2006)

The United States Citizenship and Immigration Services ("USCIS") announced today that the number of approved and receipted pending petitions have reached 19,390, and an additional 655 petitions have been received but not yet receipted.

H-1B Advanced Degree Cap Count Hits 18,368.
(7/25/2006)

United States Citizenship and Immigration Services ("USCIS") announced on July 24, 2006 that 18,368 H-1B Advanced Degree petitions are pending, with another 374 such petitions received but not yet entered in the data and receipted.

Basic Pilot Employment Verification Program
(7/25/2006)

United States Immigration and Citizenship Services ("USCIS") announced more than 10,000 U.S. employers are using the Basic Pilot Employment Verification Program ("BPEV"), conducted jointly by the U.S. Department of Homeland Security ("DHS") and the Social Security Administration ("SSA"). BPEV allows employers to use an Internet-based system to run employment authorization checks using DHS and SSA databases. Employers can register at www.vis-dhs.com/EmployerRegistration.

H-1B Advanced Degree Petitions Surpasses 17,000
(7/20/2006)

The United States Citizenship and Immigration Services ("USCIS") announced that more than 17,000 H-1B Advanced Degree petitions have been counted against the "cap" for fiscal year 2007. The "cap" refers to the annual numerical limitation set by the U.S. Congress. The H-1B Visa Reform Act of 2004, effective May 5, 2005, allows for 20,000 new H-1B Advanced Degree visas for foreign workers who have earned a Master's or higher level degree from an American academic institution.

BALCA Issues First Decision in PERM Case
(7/19/2006)

The Board of Alien Labor Certification Appeals ("BALCA") issued its first PERM (Permanent Electronic Review Management) decision, in favor of the employer, in Matter of HealthAmerica, Case No. 2006-PER-1 (BALCA 2006). BALCA held that the Certifying Officer's denial of the employer's motion to reconsider was an abuse of discretion.

Further Retrogression in Visa Numbers
(7/19/2006)

U.S. Department of State's August 2006 Visa Bulletin indicates retrogression (visa cut-off dates) in a number of immigration categories. State Department also warns of further retrogression in September.

Senate approves Homeland Security Spending Bill
(7/17/2006)

On July 13, 2006, the Senate approved $32.8 billion in funding for the Department of Homeland Security for fiscal year 2007 (H.R. 5441). The Senate's bill provides $350 million less than the House of Representatives' bill that passed on June 6.

New Filing Location
(6/10/2006)

Starting on July 24, 2006, an Application to Adjust Status or Register Permanent Residence (Form I-485) based upon an Immigrant Petition for Alien Worker (Form I-140), and accompanying forms, should be mailed directly to the Nebraska Service Center.