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Check it for Immigration Updates |
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Greetings!
Welcome back to Badmus Law Firm's newly redesigned General Newsletter! This quarterly newsletter is geared towards providing the latest in immigration updates and news covering wide-ranging immigration issues.
If you have a general immigration question you would like answered, please contact us and indicate whether we can use your question and our response for an upcoming newsletter. Of course, if your question is more specific, it may be better to schedule an individual consultation with our office.
As always, please be sure to periodically check our immigration blog for the latest immigration developments.
Sincerely,
Michelle Richart
Editor in Chief
Badmus Law Firm |
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Badmus Law Firm Celebrates 15 Years!  Badmus Law Firm is excited to announce that on October 8, 2008, we will celebrate fifteen years of providing immigration solutions! We look forward to serving our clients for many more years to come. |
New Naturalization Test Now in Effect 
Beginning on October 1, 2008, USCIS started using a newly redesigned naturalization test, which will still include English and civics portions.
Anyone who applies to naturalize after October 1, 2008, will be required to take this new test. However, applicants who applied before October 1, 2008, may be allowed to take the previous version.
Study guides, including flash cards, are available from USCIS. To read the announcement and see which test appplies to you, click here. |
Conrad 30 Program Opens up with New Fiscal Year 
October 1st represents the beginning of the 2009 Fiscal Year. This means that most state departments of health are now accepting J-1 waiver applications for the Conrad 30 program.
If you are considering applying for a J-1 waiver, be sure to explore all options and get your application in early. |
Visa Retrogression  For those born in mainland China in the EB-2 category, the cut-off dates moved back almost two years. The cut-off date for EB-2 applicants from China is currently April 1, 2004. For those applicants born in India, the dates moved back nearly three years and the cut-off date is April 1, 2003. The good news for those in the EB-3 category is that dates are once again available. The cut-off date for those in EB-3 categories range from 2001 until 2005, depending on the nationality of the applicant.
For family-based applicants, there is also good news for spouses and children of lawful permanent residents from Mexico. In September, visas for those falling into the 2A category were unavailable. As of October, visas are again available. The cut-off date is for those who applied on or before May 1, 2001.
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Twelve-Month Intern Work and Travel Pilot Program  The Unites States and Ireland will soon implement a Twelve-Month Intern Work and Travel Pilot Program for post-secondary students or people within twelve months of their graduation.
This program will allow students from both countries to participate in a variety of internships, and to travel independently within the United States and Ireland.
The program is set to be launched in late 2008 or early 2009 and will be coordinated by the private sector under the auspices of the U.S. Department of State's Bureau of Education and Cultural Affairs. Further details and prerequisites on the program will be available from the U.S. Embassy in Dublin and Ireland's Embassy in Washington, DC. |
Embassy Updates  Yemen - Due to September 17, 2008, attacks, the U.S. Embassy in Yemen has temporarily ceased non-immigrant visa processing and has very limited services with regards to immigrant visa processing. All appointments should be rescheduled. Click here to keep updated on changes.
Pakistan - As of September 29, 2008, the consular unit in Islamabad has reopened. Individuals who had appointments during the dates in which the embassy was closed should receive new appointment notices. Click here to read the announcement |
USCIS Ombudsman Makes Recommendations  The USCIS Ombudsman recently released a formal recommendation to USCIS in response to extensive delays in Employment Authorization Document (EAD) processing. These recommendations were in response to a large number of complaints from individuals whose EADs were being delayed without explanation for the delay.
In sum, the Ombudsman recommended USCIS: (1) adhere to regulations and issue EADs within 90 days, or issue interim EADs, to prevent unnecessary loss of employment; (2) provide information to the public stating the cause of EAD delays and how the delays will be addressed; (3) provide consistent guidance to the public regarding delayed EADs via the National Customer Service Center number and local offices; and, (4) reconsider issuing multi-year EADs.
Furthermore, in cases where EAD applications are pending more than 90 days, the Ombudsman suggested that USCIS modify I-797 Receipt Notices for Form I-765 (Application for Employment Authorization) to provide for continued employment authorization, and affix fraud proof stickers to expired EADs upon determination of an applicant's eligibility for an extension.
We are hopeful that USCIS will consider these suggestions to help prevent further delays in EAD processing for our clients. |
Changes on Labor Certification - ETA Form 9089  It is well known that the Department of Labor (DOL) issued regulations changing the Labor Certification process effective March 28, 2005. Since then, employers filing a Labor Certification (LC) must complete the Application for Permanent Employment Certification (ETA 9089 Form) and file it with the DOL using the PERM process.
Initially, the LC, through the PERM process, was to be filed at either the Atlanta or the Chicago processing centers and the process was usually completed in 60 to 90 days. However, due to internal changes, all LCs must now be filed at the Atlanta processing center. This new process is currently taking 120 days or longer.
Furthermore, the DOL has announced that a revised version of the ETA 9089 Form may be released as early as January. The new form will require more information about both the employer and employment, making the form longer and more detailed. It is likely that, if and when these changes occur, we should expect further delays in LC processing. Increased audits and denials by the DOL are also anticipated. |
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Stay tuned! Our next general newsletter will be sent early next year. Until then, have a great 2008!
Sincerely,
Michelle Richart
Editor in Chief
Badmus Law Firm | |
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