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TOP BILLING: DOS REPORTS SIGNIFICANT ADVANCEMENT OF MANY PRIORITY DATES.
DOS reported in its July Visa Bulletin that
priority dates for numerous employment-based
categories are now current. This development
will make it possible for qualified
individuals (and their families) to file for
Adjustment of Status before the onset of the
increase in CIS fees due to take effect on
July 31st 2007. If you think that you or an
employee qualifies to file an Application for
Adjustment of Status, contact us at info@visaserve.com.
Click
here to read the Visa Bulletin...
THE BIG
TICKET ITEM:
CIS Memo Addresses
DOL's Final Rule on Substitutions and Other
Labor Certification Issues.
On July 16th, 2007, DOL regulations will
make the "substitution" of beneficiaries of
labor certifications unlawful. The
regulations also require that an approved
labor certification be filed with the CIS
within 180 days or be void. The regulation
also requires employers to be responsible for
the costs (legal fees, advertising fees,
etc.) associated with obtaining the labor
certification.
To
read the CIS Press Release, click here...
To read the DOL's Final Rule on and other labor certification issues, click here . . .
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Dear Readers:
About two (2) weeks ago about five (5)
members of our staff attended the American
Immigration Lawyer's Association ("AILA")
National Conference (the "Conference") in
Orlando, Florida, where about seven thousand
immigration lawyers and representatives of
the U.S. Department of Homeland Security
("DHS"), Citizenship and Immigration Services
("CIS"), Immigration and Customs Enforcement
("ICE"), Customs and Border Protection
("CBP"), U.S. Department of Labor ("DOL") and
U.S. Department of State ("DOS") and many
others, shared a unique opportunity to
discuss developments in the immigration and
nationality arenas. This year, we had an
opportunity to spend a great deal of time
covering specialty functions at the
Conference such as attending the Canada
Chapter Meeting, the Immigration Law
Professors Section Meeting, and the New
Jersey Chapter gathering. The Conference was
an excellent opportunity for the members of
our staff to catch a quick pool-side drink and
chat with some of the government
representatives who are processing the cases
for our clients.
The really "big" news is that
the DOS Visa Bulletin is indicating that the
priority dates for third and second
preference cases are "current." This news has
caused our office (and our clients) to
prepare for a very busy month of July. The
other top story is that the Senate
Immigration Bill appears to have lost
momentum (only yesterday) failing the much
desired "cloture vote." While the future of
the Comprehensive Immigration Reform ("CIR")
appears to be uncertain, the "phoenix
emerging from the ashes" is that stand alone
immigration initiatives may be back on the
front burner. Of course, with such
initiatives, we will be forced to take the "good"
with the "bad."
The messages of the
administrative agencies continue to be clear:
(1) increased border security; and (2)
increased worksite enforcement; and (3)
little hope for a new guest worker program.
As we ease into the Election Year, the tide
may change. Strap yourselves in in for what
promises to be a very wild ride!
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| AMERICA'S JOB BANK GOES BY THE WAYSIDE: BEC'S Use AJE For Recruitment Ads. |
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America's Job Bank (AJB) will cease
operations on June 30th, 2007 as a
recruitment tool. The DOL announced that the
BECs will be switching to the AJE for posting
recruitment advertisements for backlogged
Foreign Labor Certification recruitment
activity. In order to ensure full recruitment
periods, the BECs will switch to AJE as of
June 1st, 2007. Therefore, employers and job
seekers will be able to find the job postings
on AJE starting on June 1st. Advertisements
posted on AJB prior to June 1st will continue
on AJB through their full recruitment periods
on AJB. AJE can be found at: americasjobexchange.com.
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To read more, click here... |
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| A PREMIUM SUSPENSION: Temporary Suspension of Premium Processing for I-140s. |
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Effective on July 2nd, 2007, CIS has announced
the temporary suspension of Premium
Processing Services for Form I-140, Immigrant
Petition for Alien Worker, in accordance with
8 CFR 103.2(f)(2).
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Click here to read the CIS update... |
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| CIS ISSUES FEE INCREASE: Fees Going Up. |
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Effective July 31, 2007, the Filing Fees for
many immigrant and nonimmigrant peitions
filed with the CIS are going to significantly
increase.
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Click here to read about the Fee Increase... |
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| DOL AUDITS ARE A REALITY: IT company agrees to pay $2.4 million to underpaid H-1B nonimmigrant workers. |
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Patni Computer Systems Inc. of Cambridge,
Mass., has agreed to pay more than $2.4
million to 607 non-immigrant workers
following an investigation by the DOL. A DOL
investigation
found that H-1B computer professionals
employed by
Patni were not paid required wages for the
period between January 2004 and December 2005.
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Click here to read about the case... |
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| CIS ISSUES RECEIPT UPDATES: CIS Issues Service Center Receipt Update. |
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A June 22nd, 2007 CIS Update reports on
current receipting times at CSC, NSC, TSC and
VSC (Regional Service Centers), and projects
expected in-time compliance dates for certain
application types.
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To read the CIS Press Release, click here... |
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| RFE RESPONSE TIMES BECOME FLEXIBLE: CIS Memo Addresses Removal of the Standardized Processing Timeframe for RFEs. |
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A June 1st, 2007 Memorandum from Donald
Neufeld, Acting Associate Director, Domestic
Operations, CIS, discussed the removal of the
standardized RFE processing timeframe, for
which a final rule was published in the
Federal Register on April 17, 2007.
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To Read the Rule in the Federal Register, click here... |
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| H-2B GUIDANCE: DOL Issues a Program Stakeholder Fact Sheet. |
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On June 7th, 2007, the DOL issued an H-2B
Fact Sheet that provides guidance on how to
check the status of an H-2B application
pending with the Atlanta or Chicago
processing center.
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To read the OFLC ETA H-2B Program Fact Sheet, click here... |
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| VISA FEE PAYMENTS IN CANADA: DOS Announces a Change in Visa Payment Method. |
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Effective July 1st, 2007 all U.S. Consulates in
Canada will require that visa fee payments be
deposited to any branch of Scotia Bank in
advance of the appointment. Bring a stamped
deposit slip. Detailed instructions appears
on each Consulate page This is the same
payment method that Toronto has used for many
years - there is no change in the case of the
Toronto Consulate.
The general rules are as follows:
Individuals applying for U.S. visas at
Consulates in Canada must first deposit the
fee to the bank. The deposit slip for the
visa application fee consists of 3 pages. A
separate set of deposit slips is required for
each applicant. Take all three pages of the
deposit slip(s) to any branch of Scotia Bank
and pay the non-refundable U.S. visa
application fee of US $100.00. The bank
teller will stamp all three copies of your
receipt and should return two copies.
Submit two validated deposit
receipts with the visa application.
The special pre-coded deposit slip can be
downloaded from the link provided below.
Deposit slips can also be obtained by calling
(900) 451-2778, or as part of the appointment
process at www.nvars.com
or in person at any
U.S. Consulate. The Consulate cannot accept
applications that do not contain two copies
of the deposit receipt.
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| GOT YOUR NAME AND GOT YOUR NUMBER: CIS Issues HQ Contact Information and Organization Chart. |
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On May 31st, 2007, the CIS released a list of
contact information for U.S. Citizenship and
Immigration Services (CIS) Headquarters
officers, followed by a CIS organizational chart.
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To read the CIS Contact List, click here... |
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| THE NEXT PHASE OF BI-SPECIALIZATION: CIS Announces Direct Filing Instructions For Forms I-129F, I-131, I-140, I-360, I-485, I-765, and I-907. |
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CIS announced new "Direct Filing"
instructions for additional immigration forms
that were transitioned last year into the
Bi-Specialization initiative.
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For more information, click here... |
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| ADDITIONAL PASSPORT SECURITY: DOS Upgrades Passport Applications. |
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A DOS Press Release announced that there are
strengthened security standards for access to
the proof of passport applications that some
Americans are temporarily using to enter and
re-enter the United States from points in the
Western Hemisphere.
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Click here to read the DOS Press Release... |
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