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NEW H&L ADMISSION MEMO: H & L Periods of Admission Explained.
A recent memorandum from CIS, provides guidance on
the period of admission for H-4s and L-2s,
applicants for H-1B status beyond the six-year
maximum, and for H-1Bs who have been out of the
U.S.
for more than 1 year, but were not in H-1B status
for a full 6 years. The memo clarifies that time
spent in H-4 or L-2 status does "not" count against
the maximum allowable period of stay available to
principals in H-1B and L-1 status, and that
qualifying H-1B aliens need not be in H-1B status
when requesting an extension beyond the six-year
maximum.
To read the new memorandum from CIS, click here . . .
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Dear Readers:
Last week federal immigration officials raided
("stormed") six of the meat processing plants owned
by
Swift & Company (the world’s second largest beef and
pork processor). Nearly 1,300 people-almost 10
percent of Swift’s work force-were taken away in
what the government said was one of the largest
assaults on the organization's widespread use of
"identity fraud" to hire and retain unauthorized
workers. Swift continues to insist that it is a
model corporate citizen. It obeyed the rules, which
require it to check workers’ identity papers and
file I-9 Forms. The company also went further by
participating in the Basic Verification Program, a
system designed by the U.S. Department of Homeland
Security ("DHS") to check Social Security numbers of
employees to ensure that they are authorized to
work. The Swift raids send several messages: (1)
I-9’s and Basic Pilot are ineffective; and (2) No
organization is immune from government investigation
and enforcement; and (3) employers will have to
consider new and additional strategies for
immigration law compliance to avoid DHS liabilities.
For more information or to receive a government FACT
SHEET about the Swift raids, please contact us at
info@visaserve.com.
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| NEW WORKER FOR THE CIS? CIS Adds New Records System. |
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CIS recently established a new system of records, the
Background Check Service ("BCS"), which will
consolidate all background check requests and
results on immigration benefit applicants and
petitioners. CIS conducts three different background
checks on applicants and petitioners applying for
CIS benefits: (1) A FBI Fingerprint Check, (2) a FBI
Name Check, and (3) a Customs and Border
Protection
("CBP")
Treasury Enforcement Communication System and
Interagency Border Inspection System ("TECS/IBIS")
Name Check. BCS will maintain background check
activity for CIS.
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Click here to Read More About The BCS . . . |
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| ASYLUM BASIC TRAINING: Asylum Officer Basic Training Credible Fear Lesson Plan. |
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The Asylum Office recently released a revised Asylum
Officer Basic Training Lesson Plan on credible fear
determinations. The lesson includes the explanation
of how to determine whether an alien subject to
expedited removal or an arriving stowaway has a
credible fear of persecution or torture utilizing
the credible fear standard.
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Click here for more on the Lesson Plan . . . |
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| PERM FAQ: DOL Reports Another PERM FAQ. |
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DOL recently posted answers to several additional
frequent asked questions about PERM application
withdrawals, alien experience, recruitment
timeframes, and acceptable publications for
recruitment advertising. THe FAQ provides
information about withdrawing certified and
uncertified PERM applications, the inclusion of
training in an employer's minimum requirements for
the position, the counting of days to meet
recruitment requirements and on the use of an
electronic national professional journal to
advertise.
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Read the NEW PERM FAQ . . . |
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| DON'T WAIVE SECURITY: DHS Reports Security Improvements To The Visa Waiver Program. |
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DHS has recently released a fact sheet on security
improvements to the Visa Waiver Program. The fact
sheet identified a number of security measures to be
sought from Visa Waiver Program candidates. DHS will
work to implement the stated security requirements.
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Click here for more information about the improvements . . . |
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| ONE NATION? CIS Announces Revisions To Naturalization Exam. |
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The CIS recently announced that it is revising the
naturalization test to create a standardized process
that is fair and meaningful. The revised
nationalization test will begin in 2008 and will
include uniform testing protocols and
procedures nationwide to ensure no variation between
CIS offices.
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Click here to read the PRESS RELEASE . . . |
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| SWIFT PUNISHMENT: ICE Arrests 1,282 In Large Meat Processing Company. |
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On December 13, 2006, U.S. Immigration and Customs
Enforcement ("ICE") announced that it arrested 1,282
illegal foreign workers on administrative
immigration violations employed at Swift and
Company, one of the nation's largest processors of
fresh pork and beef. ICE agents executed civil
search warrants at six facilities in Greeley,
Colorado; Grand Island, Nebraska; Cactus, Texas;
Hyrum, Utah; Marshalltown, Iowa; and Worthington,
Minnesota.
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Click here to read the PRESS RELEASE about the Swift raids . . . |
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| PAW AT THE CONSULATE: Final Rule on Consular Interviews. |
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The U.S. Department of State ("DOS") published rule
amending guidance to consular offices for
nonimmigrant visa applicants. The most significant
change is the requirement for a consular officer to
interview persons in the same age ranges as persons
covered by the biometric collection requirement.
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Read the Federal Register about the new rule . . . |
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| LOTTERY STATS: 10 Million Participants Apply For 2008 Diversity Visa Lottery. |
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DOS issued a News Release about the 2008 Diversity
Visa Lottery registration numbers. It covers the
number of applications received which assumed to be
more than 10 million participants in the 2008
Diversity Visa Lottery and registration percentages
by continent or region. Additional information about
the notification process for the 2008 lottery
winners can be found on the DOS website.
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Click here to read more . . . |
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| ANOTHER CAP REACHED? CIS Announces That The H-2B Cap Has Been Reached. |
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U.S. Citizenship and Immigration Services ("CIS")
announced that it received a sufficient number of
petitions to reach the H-2B cap for the first six
months of Fiscal Year 2007 (FY 2007). November 28,
2006 was the "final receipt date" for new H-2B
worker petitions requesting employment start dates
prior to April 1, 2007. Keep in mind that petitions
for those who are currently in H-2B status do not
count toward the bi-annual cap.
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Click here to read more about the H-2B cap . . . |
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| CHANGE OF FORM: CIS Reports Changes to Certain Forms. |
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CIS has recently reported that it will update seven
immigration forms on its website. The following forms
are going to be updated on the CIS website: I-589
(6/16/06); I-864 (11/1/06); I-864A (11/1/06); and I-
864W (11/1/06)). Other updated forms include the
following: I-130 (12/4/06); I-751 (8/1/06); and N-
400 (11/1/06). If you should have any questions
about whether or not you are using the proper
version of a form, please e-mail us at
info@visaserve.com.
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