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.

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This issue contains information on:

• H-1B Regulations to be tightened, H-1B cap to be re-examined;

• Green Card-Work on PERM (expedited Green Card-labor certification processing) is progressing;

• State Dept. Spokesman Addresses Consular Post Closing on March 20, 2003;

• Re-Entry Permit Receipts Show Incorrect Processing Time;

• Operation Liberty Shield;

• BCIS Takes Steps To Standardize Citizenship Test;

• BCIS not to waive Green Card photo requirement on religious grounds;

• Latest INS Service Center Processing Times Labor Certification Application (Green Card) Processing Times and Visa Cut Off Dates.

H-1B Regulations to be tightened, H-1B cap to be re-examined 

Rep. James Sensenbrenner, Jr. (R-Wis.), Chairman of the House of Representatives’ Judiciary Committee at a recent meeting with the Confederation of Indian Industry (CII) stated that H-1B regulations will be tightened in order to make sure that only highly skilled workers are admitted into the United States. He also stated that the H-1B cap of 195,000 will expire in September 2003 and the H-1B cap will revert back to 65,000 for year September 2003-October 2004. Rep. Sensenbrenner said that as 195,000 is too high and 65,000 is too few, congressional hearings will be held in May 2003 to determine the appropriate number for the H-1B cap. Rep. Sensenbrenner added that when a H-1B worker leaves a sponsoring employer, the authorized period of stay should be terminated in 30 days. He said some changes in the law are required which have to be done by September 30, 2003. 

Green Card-Work on PERM (expedited Green Card-labor certification processing) is progressing. 

At a recent liaison meeting the Department of Labor stated that the work on PERM is progressing. At present, the preamble is being written and thereafter the regulatory language will be written. The contract of the contractor hired to help organize the comments has been extended and the contractor now has been asked to assist in writing the regulations. The regulation may be ready in the April and July 2003 timeframe; however, the automated system that will process the Green Card applications- labor certification applications may not be ready until fall or August 2003. 

State Dept. Spokesman Addresses Consular Post Closing on March 20, 2003. 

As of March 20, 2003, 15 embassies and consulates were closed in 15 countries on a short-term basis. The embassies and consulates are closed or are on  “reduced services” temporarily due to local security reasons, possible demonstrations and threats of attacks on American citizens visiting the posts. The posts in Israel, Tel Aviv, Jerusalem, Oslo, Indonesia, Surabaya, Johannesburg, South Africa, Lagos, Nigeria and Pakistan are closed to the public. The posts in Buenos Aires, Australia, Canberra, Kenya, Damascus, Almaty and France are mostly closed to the public. Embassies in Paris, Turkey, Sao Paulo, Brazil have reduced services and are doing emergency services only. In Nigeria, Abuja has reduced services. The opening and closing of posts is dependant on local conditions. However, all posts will provide emergency services to American citizens. 

Re-Entry Permit Receipts Show Incorrect Processing Time. 

Recently, the Nebraska Service Center (NSC) dispatched re-entry permit receipts with incorrect  “900+ days” processing time. Re-entry permits are in fact taking only 180 to 190 days. This error was caused due to NSC being required to choose one of the five categories of I-131 to generate the receipt notices. NSC re-entry permits incorrectly defaulted to the Haitian Refugee Immigration Fairness Act  (HRIFA) category, which are taking over 900 days for processing. 

Operation Liberty Shield

On March 19, United States forces launched ground and air attacks on Iraq as part of Operation Iraqi Freedom. In the United States on March 17, 2003, Operation Liberty Shield was launched following the decision to raise the homeland security advisory level to high-Orange.

Operation Liberty Shield is a comprehensive national plan to increase the protection of the America people and infrastructure while maintaining the free flow of goods and people across U.S. borders. Operation Liberty Shield is a multi-department, multi-agency, national team effort. It includes:

Increased security at borders;
Stronger transportation protections;
Ongoing measures to disrupt threats against the US; 
Greater protections for critical infrastructure and key assets;
Increased public health preparedness;

Operation Liberty Shield will result in increased security at U.S. borders:

Land Borders

Increasing Border Surveillance – Surveillance and monitoring of the borders will be increased with more agents and patrol assets. These forces will cover areas between major ports of entry.

Increased Border Screening – Customs and Border Protection officers will increase screenings of vehicles and cargo crossing U.S. land borders. Officers will conduct more interviews and detailed screenings as people transit in and out of the U.S. The actions at land borders are not expected to significantly impact the movement of people and cargo across the border.

Asylum Modifications

Asylum Detainees – Asylum applicants from nations where Al-Qaeda, Al-Qaeda sympathizers and other terrorist groups are known to have operated will be detained for the duration of their processing period. This will allow authorities to maintain contact with asylum seekers while the validity of their claim is determined. The Department of Homeland Security and the Department of State will coordinate exceptions to this policy.  

BCIS Takes Steps To Standardize Citizenship Test. 

The Bureau of Citizenship and Immigration Services (BCIS) has launched a new pilot plan on March 13, 2003 to standardize the testing of English, Government and US History tests for citizenship. In the first phase of the two-stage pilot, BCIS is working with a professional test development company and is focusing on the English language portion of the test. 

As part of the English language pilot, citizenship applicants will be asked to answer one pilot test question at the end of a regular naturalization interview. The pilot questions are designed to test the reading, writing and speaking skills. The applicant’s answers will not affect the result of the interview. 

As part of the naturalization process applicants are required to demonstrate that they know the fundamentals of the U.S. history, government and have basic understanding of English language including reading, writing and speaking skills. 

In the present format there is no standardized testing format for administration of the questions. The questions are selected from an extensive pre-approved list. The test contents and process can vary from BCIS office to office and from BCIS officer to officer. 

The U.S. Commission on Immigration Reform, which is being headed by former Congresswomen Barbara Jordan has recommended standardizing and revamping the content of the naturalization test to make it more relevant. The new naturalization test is planned to be implemented by late 2004. 

BCIS not to waive Green Card photo requirement on religious grounds. 

The Bureau of Citizenship and Immigration Services (BCIS) will not waive Green Card photo requirement on religious grounds for applicants filing for replacement or renewal of Green Cards. 

The regulations provide for Green Card photo requirement waiver only “in cases of confinement due to advanced age or physical infirmity.” However, the Alien Documentation Identification and Telecommunication System (ADIT) manual allows waiver of the photograph requirement on “religious/ethnic reasons” as well as “physical disfigurement.” Based on the ADIT manual, the BCIS in the past had granted Green Card photograph waiver on religious grounds. 

However in view of the national security concerns arising from events of September 11, 2001 and as the Green Card is evidence of legal status to enter and remain in the United States, the potential for misuse of a Green Card without a photograph would be too great. The BCIS would however seek to accommodate the applicant by a home visit to accomplish the photograph requirement.  

Only in extraordinary circumstances where no such accommodation is possible and when the Service Officer is certain that the card will not be misused, should the waiver be granted. A supervisory approval is required for any such photo waiver.

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

Labor Certification Application (Green Card) Processing Terms

Visa Cut Off Dates

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