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Nachman & Associates, P.C. Newsletter
Volume 68 July 2009

IN THIS ISSUE:

ARE WE OFF TO THE RACES? President Obama's Remarks Following June 25 Meeting on Immigration Reform with Congressional Leaders.

JUST IN A NICK OF TIME: CIS Issues Guidance on Employment Eligibility Verification Form.

YOU BET . . . THERE ARE STILL H-1B VISAS AVAILABLE: CIS Updates FY 2010 H-1B Count (Updated 6/30/09).

HIV INADMISSIBILITY: Advance Copy of CDC Proposed Rule to Remove HIV from List of Diseases that Render a Foreign National Inadmissible.

THE FASTER THE BETTER: CIS Announces Resumption of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker.

E-VERIFY BY THIRD PARTY PROVIDERS: CIS Comment Request on E-Verify Program Designated Agent Process.

SIMULTANEOUS AOS: CIS Releases Notice to Pending I-360 Applicants Regarding Adjustment and EAD Filings.

FILING FEES: Aytes Memo Responds to CIS Ombudsman's Recommendation on Payment Methods for USCIS Filing Fees.

BACKLOG ELIMINATION: CIS and FBI Announce Milestone Elimination of National Name Check Backlog.

Nachman & Associates Adds Removal and Deportation Services for Select Clients.


 

ARE WE OFF TO THE RACES? President Obama's Remarks Following June 25 Meeting on Immigration Reform with Congressional Leaders.

The White House released President Obama's remarks following a meeting on June 25th, 2009 with congressional leaders to discuss immigration reform, in which he expresses the Administration's support for CIR. He also notes that CIS will soon be implementing some technology initiatives, including changes to its website.

President Obama remarked "there is not by any means consensus across the table. As you can see, we've got a pretty diverse spectrum of folks here. But what I'm encouraged by is that after all the overheated rhetoric and the occasional demagoguery on all sides around this issue, we've got a responsible set of leaders sitting around the table who want to actively get something done and not put it off until a year, two years, three years, five years from now, but to start working on this thing right now."

As usual, we shall endeavor to keep our readers posted as more information about Comprehensive Immigration Reform becomes available.

Click Here to Read More . . .


Dear Readers:

Is it a false start (again) or are we really off to the races? Senator Schumer seems to have announced the starting point of this year's immigration reform debate. In an article in the Washington Post, Senator Schumer has outlined what he sees as the template for immigration reform. Spencer Hsu, of Washington Post reports that Schumer sees immigration reform:

"requiring that an estimated 12 million illegal immigrants register with the government and "submit to a rigorous process to convert to legal status" or face immediate deportation. [The][l]egislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers."

Senator Schumer is calling for a National ID card (something to displease everyone):

"Schumer's proposal for a national 'biometric' identification system to verify work documents -- based on fingerprints, iris scans or digital photographs -- stems from a key weakness of past immigration overhaul efforts . . . " and omits a temporary worker visa program.

These issues were key points for the overall package of immigration reform that were discussed in a meeting at the White House between President Obama and numerous key Senators and Congressman the other day. We will continue to keep our readership apprised of any new developments in the immigration reform arena. For more information, please feel free to e-mail us at info@visaserve.co m. You can also call us at 201- 670-0006 (x107).


  • JUST IN A NICK OF TIME: CIS Issues Guidance on Employment Eligibility Verification Form.
  • CIS announced today that the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) currently on the CIS Website will continue to be valid for use beyond June 30th, 2009, while a request for extension is pending with the OMB.

    CIS will update Form I-9 when the extension is approved. Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the February 2nd, 2009 revision date at the bottom of the form.

    Click Here for More Information . . .
  • YOU BET . . . THERE ARE STILL H-1B VISAS AVAILABLE: CIS Updates FY 2010 H-1B Count (Updated 6/30/09).
  • As of June 26th, 2009, approximately 44,800 H-1B cap-subject petitions had been received by the CIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. CIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.

    Click Here to Read More . . .
  • HIV INADMISSIBILITY: Advance Copy of CDC Proposed Rule to Remove HIV from List of Diseases that Render a Foreign National Inadmissible.
  • Attached is an advance copy of a CDC proposed rule to amend the definition of "communicable disease of public health significance" to remove references to HIV. As a result of the proposed regulatory changes, one would no longer be inadmissible into the U.S. based solely on the ground of HIV infection.

    Click Here to Read More . . .
  • THE FASTER THE BETTER: CIS Announces Resumption of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker.
  • CIS announced today that effective on June 29th, 2009, it will resume Premium Processing Service in connection with Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).

    After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, the CIS has concluded that it is now able to provide Premium Process Service for this benefit.

    CIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.

    Click Here for More Information . . .
  • E-VERIFY BY THIRD PARTY PROVIDERS: CIS Comment Request on E-Verify Program Designated Agent Process.
  • CIS seeks public comment on the E-Verify Program Designated Agent Process under which a participating employer may choose to outsource submission of employment eligibility verification queries for newly hired employees to a Designated Agent. Comments on this regulation are due on or before August 24th, 2009.

    Click Here to Read More or to Provide a Comment . . .
  • SIMULTANEOUS AOS: CIS Releases Notice to Pending I-360 Applicants Regarding Adjustment and EAD Filings.
  • CIS is circulating a notice of the order issued by the United States District Court for the Western District of Washington in Ruiz-Diaz v. U.S. (W.D. Wash., 6/11/09) regarding adjustment and EAD filings for beneficiaries of pending petitions for special immigrant religious worker visas (Form I-360).

    Click Here for More Information . . .
  • FILING FEES: Aytes Memo Responds to CIS Ombudsman's Recommendation on Payment Methods for USCIS Filing Fees.
  • In a June 3rd, 2009 Memo, Michael Aytes, Acting Deputy Director of the CIS, responds to the CIS Ombudsman's Recommendation (41) regarding payment methods for CIS filing fees and other costs.

    Click Here for to Read More . . .
  • BACKLOG ELIMINATION: CIS and FBI Announce Milestone Elimination of National Name Check Backlog.
  • CIS announced on June 22nd, 2009 that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog.

    Click Here for More Information . . .
  • Nachman & Associates Adds Removal and Deportation Services for Select Clients.
  • The formal "removal" of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1st, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement.

    Click Here for More Info about Removal and Deportation . . .
    :: 201-670-0006 (x107)

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