Citizenship and Immigration Services ("CIS") announced the establishment of a new Records Digitization Facility ("RDF") in Williamsburg, Kentucky to digitize more than one million CIS Alien-Files (A-Files) during the first phase of the inaugural project. There are likely to be more digitization projects ahead. These projects signal an increasing use and improvement in technology for the CIS and her sister agencies.

CIS announced the addition of two new classifications to its Premium Processing Services, which allows U.S. businesses to pay a $1,000.00 Premium Processing fee in exchange for 15-calendar-day processing of a case. On August 28th the CIS will begin accepting Premium Processing requests for petitions involving two employment-based immigration 'categories' within the third employment-based 'preference.' Those categories involve EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience).

An e-mail claiming to come from the U.S. Department of State ("DOS"), stating that "you have been selected as one of the lucky winners" of the DV visa lottery and asking for payment of $749 for singles and $949 for families is not a legitimate notification.

In a non-precedent decision, the BIA addressed the meaning of the "effective date" of the Child Status Protection Act ("CSPA"). The Board of Immigration Appeals held that, where the respondent's adjustment application was pending before the court after August 6, 2002, the date of enactment of the statute, her case falls within Section 8, subsection 3 of the law. The BIA also agreed with respondent's analysis that she qualifies under the formula provided in Section 3 of the CSPA to be considered a "child" so as to be eligible for adjustment of status as a derivative beneficiary.

The CIS has updated its website with links to documents describing the process to apply for immigration and employment documents for benefits approved by EOIR or for applications pending in EOIR proceedings. If an individual has filed for relief or protection in immigration court, the government’s attorney should provide information about how to obtin certain benefits.

A recent CIS memo from Michael Aytes, Acting Deputy Director for Domestic Operations, discusses the adjudication of I-212 waivers in light of the Ninth Circuit decision in Perez-Gonzalez v. Ashcroft. The memo instructs adjudicators on handling I-212 applications made by aliens who are applying for readmission after deportation and removal.

DHS released a Western Hemisphere Travel Initiative ("WHTI") Basics Guidebook. WHTI will require all travelers to and from the United States, Canada, Mexico, the Caribbean, Central and South America and the British Overseas Territory of Bermuda to have a passport or other accepted document that establishes the bearer’s identity and citizenship to enter or re-enter the United States.

In Matter of X, WAC 04 172 53199 (AAO, Aug. 15, 2006), an unpublished decision, the Administrative Appeals Office ("AAO") issued a determination that a "video/film director" for a video game production company meets the requirements for an H-1B specialty occupation.

Link provided courtesy of ILW.com

CIS recently issued a Fact Sheet announcing that certain Afghan and Iraqi nationals who have worked directly for the U.S. military as translators may be eligible for special immigrant status. The new immigration category, created by the National Defense Authorization Act for Fiscal Year 2006, allows translators and their families to gain admission to the U.S., apply for permanent residency and eventually acquire U.S. Citizenship.

On July 28, 2006, CIS reported that, as of July 26, it had received enough U.S. Advanced Degree H-1B petitions to meet the exemption limit of 20,000 established by Congress for fiscal year 2007 ("FY07"). Petitions received on July 26, 2006 were subject to a random selection process. CIS will continue to process petitions for current H-1B workers that do not count toward the cap.

CIS issued a reminder to employers who use the H-2B nonimmigrant program to fulfill their temporary labor workforce needs that the "returning worker" provision of the Save Our Small and Seasonal Businesses Act ("SOS") Act of 2005, which exempts those aliens counted toward the H-2B numerical limit during any one of the three fiscal years preceding the year of the requested start date, is set to expire October 1, 2006. Because it is uncertain whether this provision will be reauthorized by Congress, CIS urges employers to continue to identify and certify workers who qualify as "returning workers" under current law when filing petitions for employment start dates in fiscal year 2007 and 2006.

The U.S. Social Security Administration ("SSA") has adopted final regulations that reflect amendments to the Social Security Act made by the Intelligence Reform and Terrorism Prevention Act of 2004. Individuals are limited to three replacement SSN cards per year and ten during a lifetime.