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greencardlawyers.com > immigration news (2004)
Immigration News (2004)Read the 2004 news and information about immigration issues that affect you. We provide short summaries of the announcements, news and article about immigration to the United States. Many have links to more information on that topic. Dec. 28, 2004 The national headquarters office of the U.S. Citizenship and Immigration Services (USCIS) issued an undated (late December 2004) Interoffice Memorandum covering two major immigrant visa issues: a) EB-3 retrogression for nationals of Mainland China, India, and Philippines; and b) concurrent filing (I-140/I-485) procedures for nationals of all countries. With respect to EB-3 retrogression, USCIS announced procedures to be followed for nationals of China, India, and Philippines. Essentially, I-485 (green card) applications for beneficiaries of EB-3 I-140 petitions will no longer be processed at USCIS (or at consulates abroad) unless the beneficiary's priority date is before the EB-3 cut-off date for his or her country. (Read more about EB-3 retrogression on our EB-3 Visa Retrogression page.) With respect to concurrent filing (for all countries), USCIS stated that concurrent filing of the I-140 and I-485 (and I-131 and I-765) will still be allowed (if a visa number is available), but that the processing of the concurrently filed I-140 will no longer have to wait for the I-485 security tests (fingerprints and name checks) to be completed. (Read more about concurrent filing on our recently updated Concurrent Filing page.) Dec. 27, 2004 U.S. Department of Labor Publishes PERM Labor Certification Regulations The U.S. Department of Labor officially published its long-awaited final regulation implementing the PERM permanent labor certification program. Some key points: PERM becomes effective on March 28, 2005. The U.S. employer must pay at least 100% (instead of only 95%) of the "prevailing wage," but now four wage levels (instead of only two) will be available. PERM labor certifications will be filed electronically (or by mail) with DOL setting the goal for decisions on the PERM electronically filed applications at 45–60 days (instead of months and years). Pending cases ("regular" or "RIR") can be converted (if requested), but the conversion process requires withdrawal of the regular or RIR case and re-filing under PERM. The employee can keep his or her original priority only if the original application and the PERM application are for "identical job opportunities." You can also find a more detailed discussion of PERM and what it means on a practical level on our PERM page. Dec. 12, 2004 USCIS Reports on Progress of Backlog Reduction Efforts USCIS recently submitted its report to Congress on the progress of its backlog reduction efforts. The full report can be read here (PDF, 2375Kb). Dec. 11, 2004 On December 3, 2004, President Bush signed legislation that extends and modifies the "Conrad 30" J waiver program for foreign-born physicians (S. 2302, Pub. L. No. 108-441). To view the memorandum, click here (PDF, 47Kb). Dec. 11, 2004 President Signs Bill to Extend J Waiver Program for Physicians On December 3, 2004, President Bush signed legislation that extends and modifies the "Conrad 30" J waiver program for foreign-born physicians (S. 2302, Pub. L. No. 108-441). To read the full text of the law, click here (PDF, 31Kb) To read the USCIS press release on the impact of the Omnibus Appropriations legislation just signed into law on the "Conrad 30" program, click here (PDF, 106Kb). Dec. 11, 2004 Omnibus Spending Bill Signed into Law; USCIS Discusses Impact on H-1Bs, L-1s, and New Fees On December 8th, the President signed into law the FY2005 Omnibus Appropriations bill (H.R. 4818) (Public Law number not yet available). The new law includes several immigration-related measures, most notably reforms to the L-1 and H-1B visa programs. To view the sections reforming the H-1B and L-1 visa programs, click here (PDF, 105Kb). To read the USCIS press release regarding the impact on H-1Bs, click here (PDF, 107Kb). For the USCIS press release concerning the impact of the new law on L-1s, click here (PDF, 89Kb). Additionally, the USCIS website indicated on its forms list yesterday that the new $1500 fee is now in effect. Oct. 23, 2004 Diversity Immigrant Visa Lottery - 2006 Registration Period Begins November 5, e-Filing Required On September 30, 2004, the Department of State released instruction for the diversity visa (DV) 2006 program. For more information about this program, click here. Oct. 16, 2004 PERM Remains Pending at OMB; DOL Provides PERM & Backlog Reduction Program Updates The PERM regulation remains pending at OMB, and it is widely believed that, if it moves at all, it will not be published until after the election. It is believed that some key changes have been made from the proposed rule. In other news regarding PERM, Department of Labor (DOL) has appointed Gene Caso and Charlene Giles to run the PERM National Processing Centers in Atlanta and Chicago, respectively. Certifying Officers also will be appointed for the PERM centers. DOL also has appointed Steve Stefanko and John Bartlett to head the Backlog Reduction Centers in Philadelphia and Dallas, respectively. On a related note, DOL officials stated recently that labor certification applications pending at the Dallas and Philadelphia regional DOL offices are being transfered to the backlog reduction centers in those cities. These offices are sending letters to request updated information, and the files will be closed if responses are not received within 45 days or are incomplete. For more information, click here. Sept. 18, 2004 SSA Establishes New Requirements for Number Issuance to F-1 Students In a Federal Register notice published September 13, 2004, the Social Security Administration (SSA) announced that, effective October 13, 2004, in order to issue a number to F-1 students, it will require such students to provide evidence of authorization by the school to work. F-1 students will also be required to show that they have secured employment or a promise of employment, unless they have an EAD or CPT authorization. (69 FR 55065, 9/13/04). Read a copy of the Federal Register notice. Sept. 18, 2004 USCIS Issues Additional Guidance on CSPA for Asylee and Refugee Children In an August 17, 2004 memorandum to Regional Office, District Office and Service Center Directors, William Yates, Associate Director of Service Center Operations at USCIS, provides guidance on the Child Status Protection Act (CSPA) as it relates to following to join or adjusting (under section 209) children of asylees and refugees. Specifically, the memo addresses the applicability of the CSPA, eligibility, and provides examples of ineligibility. Read a copy of the memorandum. Sept. 11, 2004 USCIS Announces FY 2005 H-1B Processing U.S. Citizenship and Immigration Services (USCIS) announced on September 2, 2004 that as of August 18, 2004 it has received 45,900 H-1B petitions that will count against the Congressionally-mandated cap for fiscal year 2005 (October 1, 2004 through September 30, 2005). The limit in fiscal year 2005 is 65,000. August 28, 2004 USCIS Provides Updates on H-1B Cap Numbers for Fiscal 2004 & 2005 According to USCIS, as of August 4, 2004, it had received 40,000 H-1B petitions that apply toward the fiscal year 2005 cap. Of those filings, 21,000 have been approved; the rest are still pending. Fiscal year 2005 starts October 1, 2004. USCIS has also reported that it has adjudicated 56,100 approvals toward the fiscal 2004 (last year) H-1B cap so far. There remain other 2004 cases, such as those caught in IBIS checks, for which the remaining 2,100 numbers (65,000 minus the Chile/Singapore numbers) are expected to be applied. These are the numbers for which filings were cut off in February 2004. Fiscal year 2004 ends September 30, 2004. August 12, 2004 DOS Instructs Posts on Timing of Issuance of F and J Visas & Regarding Prospective Students DOS has recently instructed its posts that F visas may be issued no more than 90 days before the program start date, although J visas can be issued at any time. Neither can enter the U.S. more than 30 days in advance. The DOS has also recently instructed its posts regarding the handling of B visas for prospective students and regarding the period for entry into the U.S. for F visa holders. August 12, 2004 USCIS Provides Guidance on the Implementation of the H-1B "Cap Gap" Notice In a memorandum dated August 8, 2004,William Yates, USCIS Associate Director for Operations, provided answers to questions on some issues related to the July 23, 2004 Federal Register notice on F and J students changing to H-1B status. Read a copy of the memorandum. Read the original Federal Register notice of July 23, 2004. August 9, 2004 The results of the Diversity Visa Lottery (DV-2005) results show that there were more than 9.5 million applicants, and provides a statistical breakdown of the winners per geographic region. The results can be found on the U.S. Department of State website. August 9, 2004 USCIS Publishes Interim Rule Lifting the One Year Limitation On EADs The USCIS has just published an interim rule that lifts the one year limitation on EADs. The interim rule amends regulations governing the issuance of EADs and establishes criteria for EAD validity periods with discretion given to USCIS to modify these periods. Read a copy of the interim rule. July 7, 2004 On October 26, 2003, the Department of Homeland Security (DHS) published a proposed rule requiring the collection of information relating to nonimmigrant foreign students and exchange visitors (F-1, F-3, M-1, M-3 or J-1), and providing for the collection of a required fee to defray the costs. Generally, the rule levies a fee of $100, although applicants for certain J-1 exchange visitor programs will pay a reduced fee of $35, and certain other aliens will be exempt from the fee altogether. This final rule explains which aliens will be required to pay the fee, describes the consequences that an alien seeking F-1, F-3, M-1, M-3, or J-1 nonimmigrant status faces upon failure to pay the fee, and specifies which aliens are exempt from the fee. This fee is being levied to cover the costs of administering and maintaining the Student and Exchange Visitor Information System (SEVIS), which includes ensuring compliance with the system's requirements by individuals, schools, and exchange visitor program sponsors. The fee will also pay for the continued operation of the Student and Exchange Visitor Program (SEVP). The rule will be effective on September 1, 2004, and will apply to potential nonimmigrants who are initially issued a Form I-20 or Form DS-2019 on or after that date. FOR FURTHER INFORMATION CONTACT: Jill Drury, Director, Student and Exchange Visitor Program (SEVP), Bureau of Immigration and Customs Enforcement, Department of Homeland Security, 800 K Street, NW., Room 1000, Washington, DC 20536, telephone (202) 305-2346. July 7, 2004 USCIS Memorandum Indicates IBIS Checks Valid for 90 Days In a January 20, 2004 guidance memorandum, William Yates, USCIS Associate Director for Operations, indicates that Interagency Border Inspection Systems (IBIS) checks, previously valid for only 35 days, can now be treated as valid for 90 days. All other requirements imposed by the IBIS checks remain in effect. July 7, 2004 State Department Announces the End of the Visa Revalidation Program. The U.S. Department of State (DOS) announces the discontinuance of the domestic visa reissuance program in the E, H, I, L, O, and P categories. The DOS will accept new applications through July 16, 2004, after which, the program will be terminated. An exception will be made for certain applications for which additional information has been requested pending at that point. The decision to discontinue the service is based on national security grounds, including new biometric (fingerprints) visa requirements passed by Congress. If you do not plan to leave the United States, this change does not affect you. Specifically: If you are in a work-authorized nonimmigrant category like H-1B or L-1 or others, or you are a spouse or child of someone in one of those categories, and you do not travel outside the United States, nothing has changed for you. When your current admission, as reflected on your I-94 card, expires, you will apply to Citizenship & Immigration Services to have it extended, if you are eligible. You do not need to leave the United States to do this. If you are in one of the affected nonimmigrant classifications (C, E, H, I, L, O and P) and you travel outside the United States, you will no longer have the option, after July 16, 2004, of asking the DOS to renew your visa stamp here in the United States. Instead, you will have to go to a U.S. embassy or consulate outside the United States to get a new visa stamp. Nonimmigrants (in any affected category) who routinely travel outside the United States should take special note of this change, and consult your attorney as to its impact. July 7, 2004 USCIS Chief Counsel Addresses Maintenance of Status under 245(k) According to the USCIS Chief Counsel, service centers will be instructed that, for purposes of section 245(k), an adjustment of status applicant needs to demonstrate maintenance of status only from his or her last entry up to the date of the filing of the adjustment of status application. The question of maintenance of status after the filing of the adjustment application, and the applicability of 245(k) at that time, is not addressed. This ruling is in response to the Texas Service Center requiring proof of maintenance of status for all stays in the U.S. May 27, 2004 Attacks on the L Visa Continue: New Bill Proposes to Eliminate L-1B Category Representative Henry Hyde (R-IL) introduced the "Save American Jobs Through L Visa Reform Act of 2004" (H.R. 4415) on May 20, 2004. This bill would eliminate the L-1B visa category for intracompany transferees, place a numerical cap of 35,000 per fiscal year on the L-1A visa category and strip L visa users of the ability to claim "dual intent." This proposed legislation also would call for employers to pay L-1 visa holders the prevailing wage or the actual wage paid for similar employees, whichever is greater. To send a letter to Congress opposing this restriction on companies' ability to transfer employees internationally, go to the American Immigration Lawyers Association's Contact Congress page. May 20, 2004 CBP Provides Information on Correcting I-94's Customs and Border Protection ("CBP") has updated its field manual to provide instructions on correcting errors on I-94 Admission / Departure records. These errors may include misspelled names, incorrect birth date, wrong visa classification, errors on stay expiration dates, or other problems. To correct an I-94, an alien should go to a CBP deferred inspection office or port-of-entry to resolve any discrepancies. May 20, 2004 "Fairness" in Immigration Litigation Act proposed Senators Hatch (R-UT), Kyl (R-AZ), Chambliss (R-GA), Sessions (R-AL), and Cornyn (R-TX) introduced the Fairness in Immigration Litigation Act on May 19, 2004. This bill claims to "restore fairness to the immigration litigation process and integrity to our immigration system." However, this legislation is a broad attack on judicial review and habeas corpus. May 20, 2004 Visa Interview Scheduling in China Shut Down Consular posts in China are unable to schedule appointments for visa interviews. This shut down was due to Chinese government action which resulted in the closure of the visa information and appointment call center. When the appointments that had been scheduled on or before April 23 are exhausted, applicants will be seen on a first come, first served basis. The dates for such a turnover in procedure will vary from post to post. Prospective visa applicants should refer to each post's website, where additional information and specific instructions on visa interview procedures are posted and regularly updated. More information on visa processing in China is available on the Beijing Consulate website. May 20, 2004 Earliest Filing Date for 2005 H-2B's The Department of Labor published a notice in the Federal Register that employers should file labor certification applications ("LCA") for H-2B petitions at least 60 days, but not more than 120 days before the worker is needed. Therefore, employers may begin filing LCA's no earlier than June 1, 2004 for H-2B jobs beginning October 1, 2004. May 13, 2004 On May 4, 2004, USCIS issued a memorandum providing guidance on the determination of ability to pay. The memorandum directs an I-140 petitioner to submit either an annual report, federal tax returns, or audited financial statement to show ability to pay. The USCIS will issue a Request for Evidence if Part 5 of the I-140 Form is incomplete or if required financial information is missing. The memo also specifies that ability to pay is established when net income or assets exceed the proffered wage, or where the petitioner is presently paying the beneficiary the proffered wage. May 13, 2004 GAO Recommendation on US-VISIT The U.S. General Accounting Office (GAO) has issued a report to Congress regarding the US-VISIT program. In the report, the GAO reiterated its prior recommendations and made new recommendations on implementing effective test management practices and assessing the full impact of future US-VISIT deployment on land port of entry workforce levels and facilities. May 6, 2004 SOLVE Act Introduced in Congress Senator Edward Kennedy (D-MA) and Representatives Robert Menendez (D-NJ) and Luis Gutierrez (D-IL), on May 4, introduced the "Safe, Orderly Legal Visas and Enforcement (SOLVE) Act of 2004" (S. 2381/H.R. 4262). The SOLVE Act proposes comprehensive immigration reform legislation that is strongly supported by immigration attorneys and advocates. The bills provides for an earned adjustment for those who have been in the U.S. over five years, family reunification and backlog reduction, and a temporary worker program. More information is available on the American Immigration Lawyers Association website. May 6, 2004 USCIS May Deny Benefits Without Sending RFE A May 4, 2004 memorandum from William Yates, Associate Director of Operations at USCIS, instructs adjudicators to cease sending Requests for Evidence (RFEs) in cases of clear ineligibility. Where the record is considered complete, the memo states that issuance of an RFE is discretionary. The USCIS adjudicator may deny without first sending an RFE. Apr. 29, 2004 USCIS Provides Information on Timing of Filings As the Fee Changes USCIS officials stated that it will hold any filings postmarked before April 30 that use the new filing fee rather than return them. However, it will return premium processing cases postmarked before April 30 that use the new fee. The regulation authorizing the fee increase indicates that the timing of whether to use the old or new fees is governed by the postmark date. The fee increase is scheduled to go into effect on April 30, 2004. Apr. 29, 2004 Legislation to "Save Summer" for H-2B employers continues to be a top issue in the Senate. However, there is no consensus about how to proceed to date. Two bills already have been introduced in the Senate that would increase the available numbers of H-2B visas for this fiscal year: the bipartisan "Save Summer Act of 2004" (S. 2252), introduced by Senator Kennedy (D-MA) and others, and the "Summer Operations and Services (S.O.S) Relief and Reform Act" (S. 2282), introduced by Senators Hatch (R-UT) and Chambliss (R-GA). Other Senators are continuing to focus on permanent change to the program before such an emergency fix can be passed. Apr. 29, 2004 Comprehensive Immigration Reform Bill to be Introduced May 4, 2004 On May 4, 2004 Senator Kennedy (D-MA), Representatives Menendez (D-NJ) and Gutierrez (D-IL) and others will introduce a comprehensive immigration reform bill that will include: an earned adjustment for hard-working people residing in the U.S.; "break-the-mold" worker programs; and family backlog reduction. This measure represents a giant step forward, and will help build and sustain pressure for the eventual passage of needed reform in the coming years. Congressional supporters of the bill will be holding a press conference on May 4, 2004 in D.C., with press conferences also being planned in cities across the country in support of this measure. Apr. 29, 2004 USCIS Reports Relatively Low Volume of H-1B Filings The Service Center Operations (SCOPS) unit of USCIS has indicated that it has not seen the expected spike in H-1B filings since April 1, when employers were again permitted to file H-1B petitions which are subject to the cap with start dates beginning October 1 or later. Instead, SCOPS representatives indicate that, although they cannot provide precise numbers, the volume has been "surprisingly low." Apr. 29, 2004 USCIS Instructs District Offices to Correct USCIS Erroneous I-94s; CBP Must Correct CBP I-94 Errors In a March 30, 2004 memorandum, the USCIS instructed that District Offices shall provide a new, corrected I-94 for cases in which the USCIS is responsible for issuing an I-94 with erroneous information. The USCIS will not correct I-94s issued by CBP, but will direct individuals with erroneous CBP-issued I-94s to go to CBP for corrections. Apr. 29, 2004 USCIS Provides Update on 1-800 Phone System & Online Case Status USCIS has announced that a phone system that would allow callers direct access to information officers at service centers regarding pending cases is in final stages of development. The USCIS also described new features on the on-line case status checks. Apr. 22, 2004 USCIS Plan on Concurrent Filing of I-140 & I-485 The Director of Service Center Operations, Fujie Ohata, sent
a procedural guidance memo instructing service centers to adjudicate concurrently
filed I-140s and I-485s at the same time. The permanent residency packet
will be adjudicated only if the fingerprints and name checks on the I-485 application
have cleared. Apr. 22, 2004 TSC Acknowledges Erroneous H-1B Rejections; Urges Immediate Re-Filing The Texas Service Center has sent numerous rejections of H-1B petitions subject to the cap which were filed after April 1, 2004. TSC acknowledges that these rejections were in error, and urges people to re-file immediately. The mail room is under instructions not to reject an H-1B filing that has a "start date" on the I-129 of October 1 or later (as long as the "later" is not more than 6 months from the date of filing). Apr. 22, 2004 New York and Los Angeles Field Offices Instruct on NSEERS Waivers The New York and Los Angeles field offices have provided instructions to applicants on how to apply for a waiver of special registration requirements. Foreign nationals seeking a waiver should apply to the port in which they most frequently enter, or intend to depart the United States. These waiver requests require a description of your anticipated trips to the United States, and why you wish to be exempt from the registration requirements. Apr. 15, 2004 House Introduces Bill on H-1B Visas Representative Lamar Smith (R-TX), along with other House Republicans, introduced the "American Workforce Improvement and Jobs Protection Act" (H.R. 4166), just hours before the House of Representatives broke for a two-week recess. This bill would create a permanent exemption from the H-1B cap for graduates of U.S. universities who have earned a Master's or higher degree. However, this exemption would be capped at 20,000 per year. The bill also includes narrowly tailored modifications to the L category. In exchange for these benefits, H.R. 4166 would reinstate the recently sunsetted H-1B fees and attestations and would impose a new $500 fraud fee on petitions. Apr. 15, 2004 USCIS Fee Increase Takes Effect April 30 The USCIS has announced fee increases on applications and petitions filed on or after April 30, 2004. The new fees add an average of $55 to the current cost of immigration benefit applications. The biometrics fee for certain applications will be increased by $20. Read more about the USCIS fee increase or see a schedule of new fees, from the USCIS website. Mar. 25, 2004 The Department of Homeland Security (DHS) has released a fact sheet on US-VISIT and Land Borders. According to this fact sheet, US-VISIT is scheduled to expand to the 50 busiest land ports by December 31, 2004 and to all ports of entry by December 31, 2005. Initially, Mexicans who hold Border Crossing Cards who do not travel outside the "border zone" and/or stay longer than 72 hours will not undergo US-VISIT processing. Canadians required to obtain a visa will be subject to US-VISIT. You can read the US-VISIT fact sheet, including a list of the land ports affected, on the DHS website. The U.S. General Accounting Office (GAO) has conducted and released a study of US-VISIT. The study found that US-VISIT is "inherently risky" because of the demanding and challenging implementation schedule, enormous potential cost, uncalculated and underestimated costs, and problematic program management. Mar. 25, 2004 Proposed Rule Would Extend EAD Validity The USCIS has proposed an interim regulation that would allow Employment Authorization Documents (EADs) to be valid for a period necessary to complete an adjustment of status application. The regulation would allow adjustment applicants to work while their applications were pending, without having to renew their EADs annually. This proposed regulation has cleared the Department of Homeland Security and was sent to the Office of Management and Budget (OMB) for review on March 4, 2004. OMB generally has 90 days to review a regulation and either reject it or clear it for publication in the Federal Register. USCIS has indicated that the rule does not address validity periods for advance paroles, which authorize international travel for adjustment applicants. Mar. 10, 2004 USCIS has announced that it has reached the 66,000 cap for H-2B visas, effective March 9, 2004. The announcement, issued late on March 10, indicates that all H-2B petitions received after close of business on March 9 will be returned, except those that are not subject to the cap. H-2B visas are used for temporary seasonal workers who are not involved in agriculture. Read a copy of the press release from USCIS. Mar. 4, 2004 DOS Advises on New Procedures for Petitions Returned for Revocation The State Department advised consular posts in February 2004 that all immigrant, K-1 and K-3 visa petitions being returned to USCIS for revocation should be forwarded to the National Visa Center. The National Visa Center will review the petitions and forward them to the appropriate USCIS office. The cable also advised that "consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status." Mar. 4, 2004 Exhaustion of H-2B Cap Is Near Officials within USCIS are indicating that the 66,000 H-2B cap is nearly exhausted. The cut-off for these types of filings may occur in the very near future. Earlier estimates showed that the cap would be reached in April, but it now appears that the cap may be reached in early March. Mar. 4, 2004 USCIS Offers Guidance on Mexican NAFTA & Singapore/Chile Free Trade Applications The USCIS issued new guidance regarding the process for Mexican citizens applying for TN visas, and the criteria and procedures for H-1B and E visas under the Chile and Singapore free trade agreements. This guidance was issued in a January 8, 2004 memo by William Yates, Associate Director of Operations at USCIS. The memo stated that Chile/Singapore H-1B1 requests can be filed directly at the consulate, and change/extension requests are filed at the Nebraska Service Center. Mar. 4, 2004 GAO Finds Delays in Visa Processing Caused by Visa Mantis Security Checks The General Accounting Office (“GAO”) issued a report in February 2004 of a study on visa applications by science students and scholars. The GAO found significant delays in processing these visas. The report concluded that these delays were caused by the way in which information about the Visa Mantis security checks were disseminated by headquarters. The GAO also found that there had been insufficient instruction and feedback to Consular Officers, and that the FBI's systems are not interoperable with DOS's systems. The GAO report is available at http://www.gao.gov/new.items/d04371.pdf Feb. 17, 2004 The U.S. Citizenship and Immigration Services (USCIS) announced on February 17, 2004 that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new workers. After February 17, USCIS will not accept any new H-1B petitions for first-time employment that are subject to the annual cap for fiscal year 2004. You can read the USCIS Announcement About the H-1B Cap, or see our answers to Frequently Asked Questions about the H-1B Cap for more information on how this cap may affect you. Feb. 12, 2004 Federal Taxation of Foreign Nationals Working in the United States The Congressional Research Service (CRS) issued a report on February 6, 2004 regarding the tax treatment of foreign nationals working in the United States. Both resident and nonresident aliens are required to pay U.S. taxes, but their tax treatment is different and depend on whether a tax treaty or agreement exists between the United States and the alien’s home country. Resident aliens are generally taxed in the same manner as U.S. citizens. Nonresident aliens are generally taxed only on income from U.S. sources, and have different rules depending on the type of visa or employment. Read the full report on Federal Taxation of Foreign Nationals. Feb. 12, 2004 H-1B Visa Cap Could Be Reached Within One Week ComputerWorld Magazine reports "U.S. immigration officials may be just a week away from getting enough applications to fill the H-1B visa cap this year, shutting down a pipeline for companies that hire foreign high-tech workers." This early cutoff of H-1B visas would come a full six months before the the end of the fiscal year. The lower cap of 65,000 H-1B visas could force employers to alter their hiring plans, and delay or deny employment opportunities for foreign students and workers in the United States. Read the full story about the H-1B Visa Cap Near Feb. 6, 2004 USCIS Proposes Fee Increase The U.S. Citizenship and Immigration Services (USCIS) proposed a rule to increase application fees by approximately $55 per application, and increase the biometric fee to $70. Written comments are due on or before March 4, 2004. The full text of the rule, including the proposed fees for petitions and applications, is available on the Federal Register at 69 F.R. 5088, or on our site as a PDF document Feb. 6, 2004 DOS Revises TN Application Process for Mexicans The Department of State has revised the Foreign Affairs Manual eliminate the petitioning and Labor Condition Application (LCA) requirements for Mexican TN visa petitions, under the North American Free Trade Agreement. This revision was necessary because the law requiring petition and LCAs for Mexican TN petitions has expired. Requests are now submitted to the consulate as part of the visa issuance process. Feb. 6, 2004 House Committee Holds Hearings on L-1 Visas On February 3, 2004, the House International Relations Committee held a hearing entitled, "L Visas: Losing Jobs Through Laissez-Faire Policies?" The panel consisted primarily of witnesses who favored restricting the L visas, with only one supporter of the L program representing the high tech community. According to Representative Henry Hyde (R-IL), this hearing will be the first in a series of hearings on this issue. The panelists blamed the L visa for current outsourcing by U.S. companies, and seemed to confuse the H-1B and L-1 visa program. The committee did not address the importance of the L visa as a tool to increase foreign investment and create American jobs. Committee members also pondered potential "fixes" to the L visa program including numerical limits and caps on the length of stay. Jan. 29, 2004 USCIS Issues Employer Bulletin On Q-1 Exchange Program The Office of Business Liaison of the USCIS released an employer information bulletin on the Q-1 and Q-2 cultural exchange programs. The Q-1 program is intended to provide practical training or employment in the United States to foreign nationals who will share the history, tradition and culture of their home countries with the U.S. public. Schools, museums, businesses or other establishments may be eligible to request a Q-1 visa for a foreign national to stay for up to 15 months. Read the full USCIS Employer Bulletin on the Q-1 Exchange Program. Jan. 29, 2004 Anti-Terrorism Measures Threaten to Further Slow Down Visa Processing A law passed by Congress to protect the United States from future terrorist attacks may force the State Department to process millions of additional visa applications each year. The 2001 Border Security Act called for 27 countries to issue passports with biometric data to their citizens who travel to the United States on the Visa Waiver Program. Only two of the countries eligible for the Visa Waiver Program may meet the October 26, 2004 deadline for compliance. Citizens without biometric passports would not be eligible for the visa waiver program and would have to obtain visas. Consular officials estimate that an additional 5 million visas will be required. Read the full story on GovExec.com's website. Jan. 25, 2004 CBP Issues Memorandum on US VISIT Implementation The U.S. Customs and Border Protection agency (CBP) issued a memorandum describing the implementation plan for US-VISIT. This plan includes a mitigation strategy for when waiting times exceed one hour. More information on the US VISIT program is available through our US-VISIT Client Advisory and our list of US-VISIT Ports of Entry and Exit. Jan. 25, 2004 Comprehensive Immigration Reform Bill Introduced On January 21, Senators Chuck Hagel (R-NE) and Tom Daschle (D-SD) introduced the Immigration Reform Act of 2004 (S. 2010). The bill includes three components necessary for comprehensive immigration reform: family reunification by reducing the family backlog; a new temporary worker program; and access to an earned adjustment for eligible people already living and working in the United States. The Immigration Reform Act could help the United States create an immigration system that reflects our nation's values, our traditions, and our needs. Read the full text of the Immigration Reform bill. Jan.22, 2004 USCIS Releases First Quarter H-1B Statistics -- Only 21,500 H-1B visas remain available for the year The U.S. Citizenship and Immigration Services announced that 43,500 petitions for H-1B visas have been approved, or are pending adjudication. The total number of H-1B visas available in the 2003-04 fiscal year is only 65,000. Therefore, only 21,500 petitions are available for the remainder of the year. Employers are advised to submit petitions for H-1B visa status as early as possible, to avoid having their petitions denied due to the H-1B cap. Jan. 15, 2004 Security Measures Restrict Foreign Scientists and Researchers An article in Nature examines the impact of immigration controls on the flow of foreign scientists and researchers into the United States. Many of the new security measures imposed after the terrorist attacks of September 11, 2001 have prevented scientists from obtaining visas and created long delays in visa issuance. Many foreign researchers are foregoing studying or working in the United States, and have chosen instead to go to Europe, Canada, Australia or stay in their home countries. Read the full story in Nature on foreign students. Jan. 15, 2004 DOL Discusses PERM & Guidance Memo on Labor Certification Remands In discussions with the American Immigration Lawyers Association, the Department of Labor (DOL) announced that it will not release the regulations for the PERM labor certification program for review by the Office of Management and Budget (OMB) until Congress enacts the DOL budget. The OMB review can take up to 90 days. If OMB approves, the regulation would be published in the Federal Register. The regulation would likely take effect 120 days after publication. The DOL also clarified a memo released on November 20, 2003 to address the remand of large numbers of labor certification cases to state agencies for supervised recruitment. These remands significantly increased state backlogs and processing delays. The memo provided three options for these applications: 1) certification; 2) issuance of a Notice of Findings; and 3) options to withdraw the application, withdraw the RIR request and remand to the state for supervised recruitment, and re-test at the direction of the DOL Certifying Officer. This memo effects applications after the November 20 effective date except in Region VI (San Francisco/Seattle office), where the memo covers remands made after July 17, 2003. Read the full text of the DOL memo. Jan. 15, 2004 Medical Exams Valid Until Adjustment is Adjudicated The U.S. Citizenship and Immigration Services will allow I-693 medical examinations to be valid until an adjustment of status application is decided, rather than the usual one year. The medical exam is only valid for one year if the applicant has a Class A or Class B medical condition. Backlogs have delayed decisions on adjustment of status applications, with many district offices taking more that one year to adjudicate these applications. This policy eliminates the need for permanent residency applicants to get more than one medical examination. William Yates, the Associate Director of Operations for the USCIS, announced this policy in a memo dated January 8, 2004. Jan. 15, 2004 Criticism of Bush immigration reform proposal The American Immigration Lawyers Association and others have criticized the Bush immigration reform proposal. The Bush plan does not deal with many important reform issues, and other vitally important aspects of the proposal remain unclear. AILA advocates comprehensive immigration reform that includes an earned adjustment for the people who are here and contributing, a new worker program and family backlog reduction. Read the full statement by AILA on the Bush proposal. Jan. 8, 2004 Bush announces new guest worker program President Bush proposed a new temporary worker program to match foreign workers with U.S. employers when no Americans can be found to fill the jobs. The program would be open to new foreign workers, as well as to the undocumented men and women currently employed in the U.S. Read the full text of Bush's speech Jan. 7, 2004 US VISIT Program to Begin in 2004, with Photos & Fingerprints The Department of Homeland Security began implementing the US
VISIT program on January 5, 2004. US VISIT, which stands for United States
Visitor and Immigrant Status Indicator Technology, is an automated entry and
exit system for the country. The program is operating at 115 airports
and 14 seaports across the United States. Only persons entering with a visa
will be subject to this registration program, which involves taking fingerprints
of both index fingers and a photograph at the port of entry. Some exceptions
to the photograph requirement will be allowed, such as for women with religious
garb.
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(2004)
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