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Visaserve.Com Newsletter
Volume 44 July 31, 2007

IN THIS ISSUE:

ADJUSTING OUR THINKING: CIS FAQs on EB Adjustments Filed under the July Visa Bulletin.

CAN'T TAKE THE HEAT - CIS GETS OUT OF THE KITCHEN: CIS Continues I-140 Premium Processing Suspension.

FOLLOW THE DIRECTIONS: CIS' Direct Filing Announcement.

UPDATING SUBSTITUTIONS: Labor Certification Substitutions Update from DOL.

MORE INTERESTING CHANGES ON THE WAY: Liaison Updates on Change in I-751 Processing.

GETTING IT STRICTLY OUT WEST: Arizona Enacts Strict Employment Verification Laws.

ICE ACTS SWIFTLY AGAIN: ICE Makes Additional Arrests at Swift & Company.

NEW RULES FOR A NEW DAY: New Handbook for Police to use for Enforcement.

DOS POLICY ON DWI: DOS Visa Policy Telegram to Consular Posts on Processing Visa Applicants with Drunk Driving Hits.

MORE ON THE H-2B WORLD: H-2B Update - CIS Issues FAQs for H-2B's.

IDENT - WHAT'S IN AND WHAT IS NOT: DHS Issues a Final Rule Exempting Portions of IDENT from the Privacy Act.


 

ADJUSTING OUR THINKING: CIS FAQs on EB Adjustments Filed under the July Visa Bulletin.

After much anticipation, the CIS released almost 20 FAQ's on July 23rd, 2007 related to I-485 petitions that were filed with priority dates that were current under the July 2007 Visa Bulletin promulgated by the DOS.

To Read the FAQ's, click here...

USCIS Announces Revised Processing Procedures for Adjustment of Status Applications

On July 17th, 2007, the CIS announced revised processing procedures for I-485 petitions that were filed by applicants whose priority dates were current under the July 2007 Visa Bulletin.

To read the CIS Press Release, click here...




Dear Readers:

The calm of the Summer of 2007 was completely shattered by the recent announcement making visas (under the first July Visa Bulletin promulgated by the U.S. Department of State ("DOS")) available to those individuals (and the qualifying members of their families) whose priority dates were current under that Visa Bulletin until August 17th, 2007. Coupling this recent and unexpected announcement with the CIS announcement about the "significant" fee increases for applications and petitions that takes effect on July 30th, 2007 and our offices have had the makings of a "run on visas" (in the month of July) little seen in the history of our practice.

As a political issue, "immigration" continues to be splattered with unsurpassed political idealism and schizophrenia. The issues of "enforcement" and "benefits" are still playing "dueling banjos" at the U.S. Department of Homeland Security ("DHS") as the audience sits and waits for an intermission. We thought that the curtain went down on the "show" when Comprehensive Immigration Reform ("CIR") was recently shot down in the Senate. The visa debacle this past month has caused enough concern to send shock waves through the offices of Congresspersons to understand that "the show must go on". Interesting and piecemeal legislation from the CIR seems to be making its way to the floor for discussion and vote(s). We will continue to keep our readership informed.

We are pleased to announce that Nachman & Associates, P.C. was formally designated by the U.S. Department of Justice ("DOJ"), Office of Special Counsel for Unfair Immigration-related Employment Practices ("OSC") to receive a Federal Grant to present programs for employers throughout the State of New Jersey about Employment Eligibility Verification and Employer Sanctions, Identity Fraud and Social Security Mismatch issues. The training programs will be scheduled in various regions throughout the State of New Jersey from October 2007 through September 2008. Our office will be sending two representatives to Washington D.C. in September to meet with OSC Officials. For more information about the Form I-9 Training Programs, please contact us at info@visaserve.co m.


  • CAN'T TAKE THE HEAT - CIS GETS OUT OF THE KITCHEN: CIS Continues I-140 Premium Processing Suspension.
  • CIS announced that it is extending its suspension of premium processing services for Form I-140 petitions which will continue until further notice.

    To read the CIS Press Release, click here....
  • FOLLOW THE DIRECTIONS: CIS' Direct Filing Announcement.
  • The CIS announced new "Direct Filing" instructions for additional immigration forms that were transitioned last year into the Bi-Specialization initiative. "Direct Filing" is the process by which CIS requires customers to file their petitions and applications with the service center that will process the filings, based on the place of temporary employment or place of residence.

    To read the CIS Press Release, click here...
  • UPDATING SUBSTITUTIONS: Labor Certification Substitutions Update from DOL.
  • On July 16th, 2007 the DOL released FAQs concerning the May 17, 2007 final rule on labor certification substitutions, attorney's fees and other matters. The DOL Liaison Committee expects the agency to release a second round of FAQs on the final rule within the next two weeks.

    To read the FAQs, click here...
  • MORE INTERESTING CHANGES ON THE WAY: Liaison Updates on Change in I-751 Processing.
  • Effective July 2, 2007, the Nebraska Service Center will no longer fee receipt Form I-751, Petition to Remove the Conditions of Residence. Forms I-751 received at NSC will be shipped un-receipted to the California Service Center. CSC will issue receipt notices with WAC receipt numbers and adjudicate the petitions. The Texas Service Center will also be sending I-751s to CSC.

    To read more about the NSC on I-751s, click here...
  • GETTING IT STRICTLY OUT WEST: Arizona Enacts Strict Employment Verification Laws.
  • It was recently reported by National Public Radio that: "This week, Arizona Gov. Janet Napolitano signed a tough immigration law, penalizing companies that knowingly employ illegal workers. The law goes into effect in January 2008. Napolitano, who expresses frustration that Congress failed to pass national immigration legislation, talks with Madeleine Brand."

    To Listen to the Interview, click here...
  • ICE ACTS SWIFTLY AGAIN: ICE Makes Additional Arrests at Swift & Company.
  • On July 10th 2007 ICE arrested 20 employees of Swift & Company for charges related to identity theft and administrative immigration violations. This enforcement action follows the arrest of almost 1,300 foreign national employees of the company on December 12, 2006.

    To read the full story, click here...
  • NEW RULES FOR A NEW DAY: New Handbook for Police to use for Enforcement.
  • The nation's largest association of police chiefs is distributing an unusual primer on immigration enforcement to thousands of law enforcement agencies, saying the absence of a national immigration policy has left local communities with an "overwhelming" burden. The publication by the International Association of Chiefs of Police (IACP) offers instruction on when state and local officers may intervene in cases involving illegal immigrants. It stops short of urging local authorities to enforce federal immigration laws but says agencies can no longer ignore the local troubles posed by the explosive growth of undocumented immigrants.

    To read the story in USA Today, click here...
  • DOS POLICY ON DWI: DOS Visa Policy Telegram to Consular Posts on Processing Visa Applicants with Drunk Driving Hits.
  • On July 17th, 2007 DOS posted a Visa Policy Telegram from Secretary of State Condoleezza Rice to all consular posts on its website that provides guidance on processing visa applicants with drunk driving hits.

    To read more, click here...
  • MORE ON THE H-2B WORLD: H-2B Update - CIS Issues FAQs for H-2B's.
  • This notice modifies certain procedures to process H-2B labor certification applications regarding review of a SWA prevailing wage determination; Certifying Officers' Requests for Information (RFI); partial temporary labor certifications; and the employer's right to file a new application in the case of denial.

    To read DOL's "Round 1" of H-2B FAQs, click here...
  • IDENT - WHAT'S IN AND WHAT IS NOT: DHS Issues a Final Rule Exempting Portions of IDENT from the Privacy Act.
  • DHS issued a final rule that exempts portions of the Automated Biometric Identification System (IDENT) system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

    To read more, click here...
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