Immigration Law Newsletter, September 2003
We are pleased to enclose a copy of our newsletter on employment immigration
news and updates. Our newsletter is targeted at businesses that employ foreign
professionals on a regular basis. We understand that your time is precious;
therefore, the focus of our newsletter is primarily on employment immigration
matters.
We hope you find the enclosed information useful. If you would like to
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This issue contains information on:
- H-1B Petitions Statistics for Fiscal Year (FY) 2003 and predictions for
FY 2004;
- New I-140 and Seven Other New BCIS Forms;
- Manila Reported to be Requiring Letters for People with I-551 Stamps;
- Validity of Medical Certifications;
- Personal Appearance Required for U.S. visa;
- Latest INS Service Center Processing Times Labor Certification
Application (Green Card) Processing Times and Visa Cut Off Dates.
H-1B Petitions Statistics for Fiscal Year (FY) 2003 and predictions for FY
2004.
During the first three quarters of FY 2003, 56,986 H-1B visas have been
approved by BCIS, these H-1B approvals will be counted against the annual cap of
195,000 H-1B visas for FY 2003. Apart from these approvals, the BCIS also
approved 84,534 petitions for persons who are exempt from the mandated cap on
H-1B visa category which includes workers employed by institutions of higher
education and non-profit and government research organizations.
In addition, there are 47,813 H-1B petitions still pending adjudication, one
third of which would be counted against the H-1B cap if approved. This would
mean that a total of 72,923 visas would be counted against the annual cap of
195,000 H-1B visas for FY 2003. If the filing numbers were to remain the same in
FY 2004, that would meant that for FY 2004 there would be a shortfall of 7, 923
H-1B visas as the cap for FY 2004 is to be reduced to 65,000 H-1B visas from the
present H-1B cap 195,000 H-1B visas. If the H-1B visas are filed at the same
rate in FY 2004 as in FY 2003 at 6076 H-1B visas per month the cap will be
reached in July 2004, which means that in August and September 2004, employers
will not be able to file for H-1B visas with BCIS.
New I-140 and Seven Other New BCIS Forms.
The BCIS has revised Form I-140 Immigrant Petition for Alien Worker and seven
other BCIS Forms. The BCIS will accept only the new version of these forms on
and after October 01, 2003. The New Version of BCIS Forms include-
- Form I-102, Application for Replacement/Initial Nonimmigrant
Arrival/Departure Record.
- Form I-129S, Nonimmigrant Petition Based on Blanket L Petition.
- Form I-140, Immigrant Petition for Alien Worker.
- Form I-526, Immigrant Petition by Alien Entrepreneur.
- Form I-824, Application for Action on an Approved Application or
Petition.
- Form I-829 Petition by Entrepreneur to Remove Conditions.
- Form N-336, Request for a Hearing on a Decision in Naturalization
Proceedings under Section 336 of the Act.
- Form N-470, Application to Preserve Residence for Naturalization
Purposes.
Manila Reported to be Requiring Letters for People with I-551 Stamps.
There are several reports stating that airlines flying out of Philippines
have been ordered to require individuals with I-551 (Green Card) stamps in their
passports to present a boarding letter from the US Consulate in the Philippines.
Passengers with I-551 stamps without the boarding letter from the US Consulate
are not being allowed to board the aircraft.
Validity of Medical Certifications.
Adjustment of status (AOS) applications properly filed with a Form I-693
-Medical Examination of Aliens Seeking Adjustment of Status are valid for one
(1) year. As some AOS applications are now pending adjudication for more than
one (1) year, the BCIS had released a policy memorandum on October 17, 2002
extending the validity of civil surgeon endorsement on Form I-693 until the time
the adjustment of status application could be adjudicated. This policy was
effective until January 01, 2003 and was to be applied to only those
applications where no Class A or Class B medical condition was certified.
Due to the continuing backlog of AOS cases, the validity of the civil
surgeon’s endorsement on Form I-693 when filed concurrently with Form I-485 has
now been extended until the adjudication of adjustment of status application, if
no Class A or Class B medical condition is certified. This policy will be in
effect until January 01, 2004.
Personal Appearance Required for U.S. visa.
Due to heightened security concerns following 9/11, effective August 01,
2003, personal appearance has been made compulsory for obtaining an US visa at
US Consulates worldwide. Under the revised regulations, a US consular office may
grant the waiver of personal appearance in six specific categories: 1) Children
age 16 and under; 2) Persons age 60 or older; 3) Applicants within the class of
visa symbols- A, C-2, C-3, G, or NATO (with exception for attendants, servants
and personal employees; 4) Persons applying for diplomat visas; 5) Persons
seeking re-issuance of visa in the same classification within one year of
expiration of their previous visa at the consular post of their usual residence,
and for whom the consular officer has no indication of any noncompliance with US
immigration laws and regulations; and 6) Persons granted waiver in unusual
circumstances in national interest or because of unusual circumstances as
warranted by the consular officer.
6. Latest INS Service Center Processing Times Labor Certification
Application(Green Card) Processing Times and Visa Cut Off Dates.
California Service Center
Nebraska Service Center
Vermont Service Center
Texas Service Center
The information contained in our newsletter is general in nature and is not
meant for any specific fact pattern or situation nor does it establish an
attorney-client relationship. For legal advice, please consult an attorney. | 
