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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
subscribe to our newsletter, please go to our Website at www.avlawoffice.com and enter your email address at
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This issue contains information on:
USCIS Confirms That H-1B Cap is Not
Near Being Exhausted.
In response to the reports of H-1B cap will be exhausted soon, the
USCIS has responded that it will release information regarding the H-1B cap at the end of
January 2004. As of mid December 2003 the H-1B cap was not near being exhausted. The cap
would require a record number of filings to be reached by the end of 2003. The USCIS may
announce the projected cap date with their report at the end of January 2004.
U.S. to Require Photos Fingerprints of
Visitors.
Effective January 05, 2003, government inspectors will require
fingerprints and photographs of visitors with visas arriving at US airports and seaports.
According to Federal authorities the US-VISIT program is being implemented to stop the
terrorists from entering the US.
US-VISIT programs will be put into effective at all 115 US airports and
14 US seaports that receive international passengers. Effective December 31, 2004, 50
major US land border crossings will also begin the program and the system will be employed
all other US land borders by December 31, 2005. This program will not affect US citizens
and permanent residents, however millions of other visitors with visas will be
photographed and have their index fingers electronically fingerprinted, besides having to
answer the usual questions from US immigration officials.
The fingerprints and photographs will be matched with the government
database containing criminal and terrorist records to verify the visitors identity.
Bush to offer plan to legal undocumented
workers in the US.
The Washington Post is reporting that President Bush plans to kick off
his re-election bid by proposing an immigration program, which would make it easier for
the immigrants to work legally in the U.S. The administration also wants to provide for an
avenue for some undocumented workers in the US to move towards legal status. To make the
immigration program acceptable to conservatives, the administration will include strict
entry control at US borders and better enforcement of current visa restrictions and
reporting requirements.
The estimated number of undocumented people residing in U.S. is 8
million; at least half of this undocumented population is from Mexico. At his year-end
conference, President Bush said that he is against blanket amnesty or mass legalization of
the undocumented population in the US, however, he is preparing recommendations to send to
Congress for a policy that helps willing employers to meet willing employees.
Official details about the proposal are not available but the new
immigration program will draw on a bill introduced by Sen. John McCain that would create a
Web based electronic job registry system, run by the Labor Department where employers
would post job opportunities available first for U.S. workers and then to immigrant
workers who would be allowed to immigrate under a new visa category for temporary workers.
The second half of the program would focus on providing some kind of legal status to
undocumented workers.
The major concern regarding the plan is that it should not penalize
people who followed the rules and reward those who do not. To mitigate this problem,
McCains plan creates a new visa category for undocumented workers. This would allow
undocumented workers to stay in the U.S. for 3 years legally. Then the worker may apply
for a temporary worker visa, which would be the path to a green card or legal permanent
resident status. This would give a 3-year advantage for workers who entered the US
legally.
Special Registration Has Not Ended.
The reports stating that the Special Registration has ended are not
correct. The Department of Homeland Security has made two major changes in the special
registration. DHS has suspended the requirement of annual re-registration for all
registrants and the 30/40-day follow up interview for port-of-entry registrants. These two
changes apply only to people whose re-registration deadline is on or after December 02,
2003. Apart form these two changes, all other requirements such as departure registration,
reporting change of address, employment or educational institute are still in affect and
violating the requirement may result into denial of admission into U.S., denial of
immigration benefits, criminal penalty and/or removal/deportation.
The new rule will not be applicable on cases of past violation of
special registration and it does not affect thousands of people who were placed into
removal proceedings when they appeared for Call-In. DHS can also require selected
individuals to re-register at any time on a 10 days notice and can announce another
Call-In registration at any time.
Latest CIS Service Center Processing Times Labor
Certification Application(Green Card) Processing Times and Visa Cut Off Dates:
USCIS Processing Times
Labor Certification Application
(Green Card) Processing Terms
Visa Cut Off Dates
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.
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