Beginning September 25, 2006 CIS will begin accepting Premium Processing requests for I-140 filings for EB-1 (Outstanding Professors and Researchers), EB-2 (Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver), and EB-3 (Workers other than Skilled Workers and Professionals).

The DOS announced that applications for the 2008 Diversity Visa (DV) Lottery will be accepted between Wednesday, October 4, 2006, 12 pm EST and Sunday, December 3, 2006, 12 pm EST. Applicants may access the electronic Diversity Visa entry form online.

CIS announced that it has expanding a pilot program that changes filing procedures for aliens submitting Form I-485 based on a family relationship, the diversity visa lottery, or qualification for most special immigrant categories. Under the expanded pilot program, affected aliens residing within the jurisdiction of the Dallas District Office, El Paso District Office, or Oklahoma City Sub-Office will be required to file in person at the appropriate local office, rather than by mail, after self-scheduling an appointment using Internet-based InfoPass.

CIS announced the elimination of the N-400 Naturalization Application backlog. Having completed some 342,290 backlogged cases, the CIS' average processing times for the N-400 fell from a previous high of 14 months in February 2004, to approximately 5 months in September 2006.

On October 1, 2006, asylees will receive a Form I-766 EAD card in the mail within 7-10 days following the issuance of an asylum approval letter. The I-766 EAD should be issued for a two year validity period.

In July, 2006, Michael Aytes, CIS Associate Director, Domestic Operations, advised the field a June 2006 Memorandum of Agreement (MOA) with ICE regarding the issuance of NTAs during a CIS adjudication and otherwise handling of cases in which the beneficiary or applicant appears to be removable, including where benefit applications have been denied.

The DOL has updated its website to include an online BEC case status system, a new FAQ on the case status system, and a new FAQ for cases for which there has been no contact from a BEC. The site contains a link to the Backlog Public Disclosure System (PDS) which employers, attorneys, agents, and aliens can use to determine the status of an application filed at a BEC.

The BIA held that it lacked authority to extend the 30-day time limit for filing an appeal. Although finding that the Board may certify a case to itself in exceptional circumstances under 8 C.F.R. section 1003.1(c), it concluded that a short delay by an overnight delivery service was not an extraordinary event that would warrant consideration of an untimely appeal on certification.

On September 8th, 2006, the AAO issued a decision regarding exemption from the H-1B cap for a Texas public school, as well as whether the position is a specialty occupation and whether the teacher holds the requisite degree. Deferring to CIS' interpretation of the AC-21 exemption to the H-1B cap, the Office found that the District Director's decision to apply the definition of a related or affiliated nonprofit entity found in 8 C.F.R section 214.2(h)(19)(iii)(B), which defines the term for purposes of the H-1B fee exemption as a nonprofit entity that is "connected or associated with an institution of higher education, through shared ownership or control by the same board or federation . . . or attached as a member, branch, cooperative or subsidiary", was reasonable.

CIS Acting Director of Domestic Operations, reissued the May 12, 2005 Yates memorandum regarding processing of I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by AC-21. The reissued memorandum clarifies how service centers or district offices should process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under Section 106(c) of AC-21.