New Rule for Nonimmigrant Victims of Human Trafficking and Specified Criminal Activity.

CIS announced an interim final rule that will allow "T" and "U" nonimmigrants to adjust their status and become lawful permanent residents. The interim final rule implements the provisions of the Victims of Trafficking and Violence Protection Act of 2000, and will take effect 30 days after publication in the Federal Register.

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CIS Finalizes Streamlining Procedures for H-2A Program.

CIS announced changes to the H-2A regulations that will streamline the hiring process of temporary and seasonal agricultural workers. This final rule will facilitate the H-2A process for employers by removing certain limitations and will further encourage lawful employment. These changes stem from the commitment made by President Bush's Administration in August 2007, after Congress failed to pass comprehensive immigration reform.

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CIS Revises the Employment Eligibility Verification Form.

The interim final rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. An expansive document list makes it more difficult for employers to verify valid and acceptable forms and single out false documents compromising the effectiveness and security of the Form I-9 process. The changes included in the interim final rule will significantly improve the security of the employment eligibility verification process.

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Frequently Asked Questions: Immigration Information for Members of the U.S. Armed Forces and their Families.

CIS Acting Associate Director, Domestic Operations Neufeld and CIS Associate Director, Refugee, Asylum & International Operations Scialabba provided field guidance and the Adjudicator's Field Manual update on the use of Taiwan as the country of former nationality on Certificates of Naturalization or as country of birth on Certificates of Citizenship.

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CIS Updates H-2B Count for the Second Half of Fiscal Year 2009.

On December 23, 2008 CIS updated the count of H-2B petitions received and counted towards the H-2B cap on the CIS website. As of December 19, 2008, 27,111 petitions have been counted towards the 33,000 cap for the second half of FY 2009.

CIS also has also finalized streamlining procedures for the H-2B Temporary Non-Agricultural Worker Program.

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Chamber of Commerce Sues DHS Over Federal Contractor E-Verify Rule.

On December 23, 2008, the U.S. Chamber of Commerce filed a complaint with the U.S. District Court of Maryland, southern District. The suit challenges DHS' recently promulgated rule that requires federal contractors to enroll in E-verify.

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IFCO Systems Enters into Record $20.7 Million Settlement of Claims Related to Employment of Illegal Aliens.

After one of the largest worksite enforcement operations conducted by U.S. Immigration and Customs Enforcement, IFCO headquartered in Houston, Texas has agreed to pay $20.7 million dollars in civil forfeitures and penalties over four years, for employing illegal alien workers at its plants. IFCO, headquartered in Houston, Texas, is the largest pallet management services company in the U.S. The settlement amount includes $2.6 million dollars in back pay and penalties relating to IFCO's overtime violations with respect to 1,700 of its pallet workers. IFCO is also paying $18.1 million in civil forfeitures that will be available to support future law enforcement activities.

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Social Security No-Match Rule is Still in Limbo.

A Federal Judge in San Francisco rejected the Bush Administration's request today to speed up consideration of the rules that would pressure employers to fire suspected illegal immigrants whose Social Security numbers didn't match records in the government's database. U.S. District Judge Charles Breyer - who blocked the so-called no-match rule from taking effect in October, 2007 - turned down a proposal by DHS for an accelerated hearing schedule that might have allowed a new version of the rule to take effect before President Bush leaves office. Instead, Breyer set a standard schedule for consideration of a lawsuit by labor unions and business groups challenging the rule, with written arguments planned through February 24th. He observed that the incoming Administration of President-elect Obama might want to take another look at the issue, said a lawyer for the AFL-CIO and several other unions in the case.

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U.S.-VISIT Final Rule: Enrollment of Additional Aliens in U.S.-VISIT.

Authority To Collect Biometric Data From Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry. This final rule expands the population of aliens who will be subject to U.S.-VISIT requirements to nearly all aliens, including lawful permanent residents. The final rule is effective on January 18th, 2009.

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Advance Copy of CBP Notice: Designation of Enhanced Driver's Licenses.

The Secretary of DHS has designated enhanced driver's licenses and identity documents issued by the State of New York as acceptable to denote identity and citizenship for purposes of entering the U.S. at land and sea ports of entry upon implementation of Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004. U.S. citizens possessing these documents will be permitted to present them under the Western Hemisphere Travel Initiative ("WHTI") when entering the U.S. at land and sea ports of entry.

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More and More Consulates Begin to Require Electronic Form DS-160.

Beginning January 20th, 2009, all nonimmigrant visa applicants, regardless of visa class, with an appointment at the U.S. Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form. Ciudad joins the list of other consulates such as: Vancouver and Montreal, Canada, Nuevo Laredo and Monterrey Mexico, and Hong Kong S.A.R.

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DOS Releases a Cable on the Nonminister Special Religious Immigrant Program Extension.

The DOS issued a cable on changes to the nonimmigrant religious worker program and extension of the nonminister special immigrant program.

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Exchange Visitor Program: Proposed Rule.

The DOS is proposing to amend the General Provisions (Subpart A) of the existing Exchange Visitor Program regulations in order to provide greater specificity regarding program administration, sponsor obligations and participant eligibility in the Exchange Visitor Program.

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