On October 28th, 2009, President Obama signed into law the FY10 Department of Homeland Security Appropriations Bill (P.L.111-83).

The new Law extends the non-minister religious worker (section 568), the "Conrad 30" (section 568), the EB-5 visa (section 548), and the E-Verify (section 547) programs through September 30, 2012.

The Law also includes statutory authority for CIS to complete the processing of permanent residence applications for surviving spouses and other relatives of immigration sponsors who die during the adjudication process (section 568).

On October 23rd, 2009, CBP launched an upgraded CBP Freedom of Information Act Electronic Reading Room designed to increase public access to agency records and documents. The site will feature records and documents formerly available only through the FOIA request process.

EOIR issued a revised fact sheet on the Office of the Chief Administrative Hearing Officer (OCAHO) within the EOIR. OCAHO's Administrative Law Judges handle cases related to employer sanctions, document fraud, unfair immigration-related employment practices, and international marriage brokerage.

CIS reminded the public that beginning on October 1st, 2009, all citizenship applicants must take the new naturalization test, regardless of when they filed their Application for Naturalization (Form N-400). Up until October 1st, 2009, applicants who had filed for naturalization before October 1st, 2008 had a choice of taking the old test or the new test.

DHS issued a final rule amending the regulations for safe-harbor procedures for employers who receive No-Match letters. This rule rescinds the amendments promulgated on August 15th, 2007, and October 28th, 2008.

Following a FOIA request filed by the American Immigration Lawyer's Association (AILA), ICE released an April 30th, 2009, a Memo explaining ICE's new Worksite Enforcement Strategy.

CIS issued guidance on October 7th, 2009 to clarify for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classifications.

O and P visas apply to non-immigrants with extraordinary ability in the sciences, arts, education, business or athletics, or in the motion picture and television field. O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent.

CIS recently revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete. Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible. In the previous edition of Form I-601, information about grounds of inadmissibility could only be found in the form's instructions.

CBP National Headquarters confirmed that, beginning on October 1st, 2009, there is a greater likelihood that returning Legal Permanent Residents (Green Crad Holders) with criminal convictions will be issued a Notice to Appear (NTA) at ports of entry (POE) versus a grant of deferred inspection. In addition, depending on the nature of the conviction, CBP staffing, and available detention bedspace, among other factors, it also is possible that more returning LPRs with criminal convictions will be detained. CBP confirmed, however, that deferred inspection for such returning LPRs is still an option. CBP explained that it modified its policy based on information reflecting that an appreciable percentage of those granted deferred inspection do not show up for such inspection. More guidance to the field will be forthcoming from CBP, but be aware of the likelihood of an increase in the number of LPRs being detained and/or issued NTAs at ports of entry. CBP confirmed that this policy has already been in place in Georgia and Florida.

The issue of "public charge" has been a part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligble to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet seeks to inform non-citizens about public charge determinations and help them to make informed choices about whether to apply for certain public benefits.

President Obama called the 22-year ban on travel and immigration by HIV-positive individuals a decision "rooted in fear rather than fact" and announced the end of the rule-making process lifting the ban.

The regulations are the final procedural step in ending the ban, and will be published Monday in the Federal Register, to be followed by the standard 60-day waiting period prior to implementation.

On October 23, 2009, the CIS Ombudsman released a recommendation on "Temporary Acceptance of Filed Labor Condition Applications (LCAs) for Certain H-1B Filings."