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Visaserve.Com Newsletter
January 2007

IN THIS ISSUE:

TRAVELING BY AIR TO CONTIGUOUS U.S. TERRITORIES? DHS Announces Passport Travel Requirements Effective JANUARY 23RD, 2007.

WANT TO BE A CITIZEN . . . YOU WILL HAVE TO PLAY BY THE NEW RULES: CIS Issues Naturalization Redesign Fact Sheet.

CIS GOT YOUR NAME AND CIS GOT YOUR NUMBER: CIS Implements New Online Change of Address Service.

STATE FED-UP WITH THE FEDS: Colorado Department of Labor FAQs Address Colorado Employment Statute.

NATURALIZATION MEANS CITIZENSHIP: CIS Issues a Revised Guide to Naturalization.

DOL SPEAKS TO CONVERSION: DOL Clarifies Several RIR Conversion Issues.

NOT SAD FOR CONRAD: President Signs Physicians for Underserved Areas Act.

NEW RULES FOR THE AUSSIES: DOL Proposes Rule to Amend Regulations for E-3 Visas.

UNCOVER THE DECISIONS: AAO Releases Unpublished Decisions Regarding L-1As and EB-1s

WRIT OF MANDAMUS COMPELS CIS TO GRANT DELAYED OATH CEREMONIES.

PAYING THE PRICE: Immigration Application Fees to Rise By 80 Percent.


 

TRAVELING BY AIR TO CONTIGUOUS U.S. TERRITORIES? DHS Announces Passport Travel Requirements Effective JANUARY 23RD, 2007.

On January 23, 2007, Citizens of the United States, Canada, Mexico, and Bermuda are will be required to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere. This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress passed into the law in the Intelligence Reform and Terrorism Prevention Act of 2004.

Click here to read more...

GETTING TRIPPED-UP AT THE BORDER? DHS’ Travelers Redress Inquiry Program.

Recently, DHS announced that it will launch a DHS Traveler Redress Inquiry Program (“TRIP”), which is designed to let individuals who have been identified for additional screening at immigration ports of entry, or unfairly delayed, or denied boarding, to file an inquiry to correct information in DHS system. As of February 20, 2007, TRIP will direct requests to be reviewed by DHS for a determination about a traveler's status.

Click here to read the DHS press release...



Dear Readers:

It is clear that 2007 presents an unprecedented opportunity for Comprehensive Immigration Reform ("CIR"), but members of Congress will only make CIR a reality if their constituents demand it. While anti-immigrant legislation is flooding Capitol Hill, momentum for CIR continues to build.

First, AgJOBS legislation, a bi-partisan, labor-management compromise on farmworker immigration policy, has been re-introduced. The AgJOBS legislation is quite complex, but essentially contains two parts: (1) a two-step "legalization" or "earned adjustment" program and (2) revisions to the H-2A agricultural guestworker program.

Second, in his sixth State of the Union Address, President Bush urged the passage of CIR. In the State of the Union address, President Bush states: "Extending hope and opportunity in our country requires an immigration system worthy of America - with laws that are fair and borders that are secure. When laws and borders are routinely violated, this harms the interests of our country. To secure our border, we're doubling the size of the Border Patrol, and funding new infrastructure and technology. Yet even with all these steps, we cannot fully secure the border unless we take pressure off the border - and that requires a temporary worker program. We should establish a legal and orderly path for foreign workers to enter our country to work on a temporary basis.

As a result, they won't have to try to sneak in, and that will leave Border Agents free to chase down drug smugglers and criminals and terrorists. We'll enforce our immigration laws at the work site and give employers the tools to verify the legal status of their workers, so there's no excuse left for violating the law. We need to uphold the great tradition of the melting pot that welcomes and assimilates new arrivals. We need to resolve the status of the illegal immigrants who are already in our country without animosity and without amnesty.

Convictions run deep in this Capitol when it comes to immigration. Let us have a serious, civil, and conclusive debate, so that you can pass, and I can sign, comprehensive immigration reform into law."

Third, last week, in a speech at Dupont, President Bush asked Congress to consider an increase the number of H-1B nonimmigrant professional and specialty worker visas that are availble on a fiscal year basis.

The "winds of change" seem to be more than just a "gentle breeze". Our Nation's immigration woes continue to be a "political football".

Perhaps Congress won't wait too long after Superbowl Sunday to throw the preverbial "Hail Mary".

Click here to read more about the Agricultural Job Opportunities, Benefits, and Security Act of 2007.


  • WANT TO BE A CITIZEN . . . YOU WILL HAVE TO PLAY BY THE NEW RULES: CIS Issues Naturalization Redesign Fact Sheet.
  • The CIS is revising the naturalization test to make the testing process more fair, standardized and meaningful. CIS released a fact sheet on the redesign of the USCIS naturalization test.

    Click here to read the CIS press release...
  • CIS GOT YOUR NAME AND CIS GOT YOUR NUMBER: CIS Implements New Online Change of Address Service.
  • CIS recently launched a web-based service that allows applicants to change their address. All non-citizens in the United States are required to keep CIS informed of any change of address within 10 days of their move by completing a Form AR-11. Individuals with a pending immigration case(s) or Naturalization applications should also notify CIS of any change of address to ensure that they receive notices or decisions related to their case in a timely manner.

    Click here to read more...
  • STATE FED-UP WITH THE FEDS: Colorado Department of Labor FAQs Address Colorado Employment Statute.
  • The Colorado Department of Labor issued an FAQ that discusses statutory changes requiring employment eligibility verification and completion. Under the law, an employer must document compliance with Federal Employment Verification Requirements and demonstrate that he or she has not altered or falsified the employee's identification documents, or knowingly hired an unauthorized alien. The new law also obliges the employer to keep a written or electronic copy of the Affirmation of Legal Work Status and other documents for the term of employment.

    Click here to read the FAQ's...
  • NATURALIZATION MEANS CITIZENSHIP: CIS Issues a Revised Guide to Naturalization.
  • CIS has issued a revised Guide to Naturalization.

    Click here to read the new Guide...
  • DOL SPEAKS TO CONVERSION: DOL Clarifies Several RIR Conversion Issues.
  • DOL recently answered several questions regarding RIR conversion under the "Hold Harmless" guidelines, which includes the challenge of prevailing wage, the definition of "new job opportunity," the precise deadline date for e-mails, and whether employers may use the BEC job order as an additional form of recruitment.

    Click here to read the Q&A's....
  • NOT SAD FOR CONRAD: President Signs Physicians for Underserved Areas Act.
  • President Bush signed H.R. 4997, the "Physicians for Underserved Areas Act," which will continue the J-1 waiver program for physicians to work in medically underserved areas of the United States.

    Click here to read the press release...
  • NEW RULES FOR THE AUSSIES: DOL Proposes Rule to Amend Regulations for E-3 Visas.
  • The DOL proposed to modify its regulations regarding the temporary employment of nonimmigrant foreign professionals to implement procedural requirements applicable to the new E-3 visa category. This Notice of Proposed Rulemaking clarifies the processes that employers must obey in obtaining a DOL-certified labor condition application in prior to seeking an E-3 visa for a foreign worker.

    Click here to read more...
  • UNCOVER THE DECISIONS: AAO Releases Unpublished Decisions Regarding L-1As and EB-1s
  • AAO Unpublished Decision Upholds Denial of L-1A – An unpublished 2005 Administrative Appeals Office (“AAO”) decision sustains the denial of an L-1A multinational manager/executive petition, rejecting the notion of a "hybrid 'executive/manager'" that relies on partial sections of the two definitions.

    Click here to read the unpublished decision...

    An AAO’s unpublished decision in 2005 finds flaws in the Service Center's analysis of the law and evidence relating to two categories of documentation, but nevertheless upholds the rejection of an extraordinary ability immigrant petition for an art director in the field of entertainment advertising.

    Click here to read the unpublished decision...
  • WRIT OF MANDAMUS COMPELS CIS TO GRANT DELAYED OATH CEREMONIES.
  • In February 200 our offices filed a Naturalization Application for a client and received a Notice for an Interview scheduled for October 2005. The interview went smoothly and everything seemed to be going according to plan EXCEPT the fact that 12 months had gone by and nothing was happening in the case . . . so what does one do when the Government fails to act? We had to file a lawsuit against the government.

    Click here to read more...
  • PAYING THE PRICE: Immigration Application Fees to Rise By 80 Percent.
  • This morning's Washington Post reports that the Bush administration will announce an increase today in immigration application fees of more than 80 percent, federal officials said yesterday. The cost of applying for naturalization, for example, would rise from $330 to $595, and a required fingerprint check would go from $70 to $80 ... Fee increases will take effect no sooner than 120 days after they are published in the Federal Register tomorrow, including a 60-day public comment period.

    :: 201-670-0006

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