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| Newsletter, May 2002 |  |
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:
- INS Proposes Changes to Rules in regard to Visitors and Students;
- Update on Spousal Employment for L-2 and E Non-immigrants;
- INS requires full middle name on paperwork;
- INS Institutes New Security Checks;
- US Senate Approves Border Security and Visa Reforms;
- Latest INS Service Center Processing Times Labor Certification Application (Green Card) Processing Times and Visa Cut Off Dates.
INS Proposes Changes to Rules in regard to Visitors and Students:
Three new rules are to be published by the INS shortly in the Federal Register. Please note: as of date these new rules are proposals and not law as yet.The first proposed rule states that non-immigrants admitted in B visa status shall be prohibited from pursuing a course of study prior to obtaining approval to change to student (F-1) visa status. The proposed rule will require B non-immigrant visa holders to inform the INS Inspector at the port of entry regarding their intention to change their status to student visa status and present to the INS Inspector any Form I-20’s that may have been issued to the B-non-immigrant. The INS Inspector will be required to note "Prospective Student" on the B-non-immigrant’s Form I-94.
Under the second proposed rule the current 6-month admission period for B-2 visa (tourist visa) will be eliminated and the admission would be based on "a period of time that is fair and reasonable for the completion of the purpose of the visit." In most cases this would be 30-days, however, this rule will not automatically limit B-2 visitors to a 30- day admission. The B-2 visitor will have to explain to the INS Immigration Inspector as to why a longer period than a 30-day admission is required. If the Inspector is satisfied with the B-2 visitors explanation the Inspector will grant on appropriate and proportionate period of admission. If however, the Inspector cannot determine a fair and reasonable period of stay, the Inspector will grant a 30-day period of admission.
The third proposed rule states that an alien who has a final order of removal must surrender to the INS within 30 days of issuance of that order. Future immigration benefits shall be denied to individuals who fail to comply.
2. Update on Spousal Employment for L-2 and E Non-immigrants:
The applications for L-2 spousal employment can now be made either at the Service Center, having jurisdiction over the applicant’s residence or at the Service Center having jurisdiction over the principal L-1 spouse.
3. INS requires full middle name on paperwork.
INS has issued an advice to write the full middle names for all the persons listed in all INS application and petitions filed at the Service Centers and District Offices. There will be a screening for name checks through IBIS and other name databases at the time of adjudication. Not writing the full middle name will delay the adjudication of the application/ petition and Request For Evidence requesting the missing information will be issued.
4. INS Institutes New Security Checks:
INS has stated that all future and pending petitions & applications will be subject to a new security check. There will be some delay in adjudication because of this process. The INS has also stated that the Premium Processing for I-140 will not be implemented for the time being. Unless there is a security "hit", the existing Premium Processing program will not be delayed because of security check.
5. US Senate Approves Border Security and Visa Reforms:
The US Senate has approved bipartisan security bill for tightening the visa screening, border inspection and tracking of foreigners by a 97-0 vote. This matter will be taken to the House for vote very shortly. The new "Enhanced Border Security and Visa Entry Reform Act of 2001" ensures that immigration policies stays in line with the goal of fighting terrorism. This bill contains new reforms that will help creating security layers inside and outside the U.S. This bill will provide the people on frontline with training, staff, and funding they needed to do the job. The bill mandates the sharing of law enforcement and intelligence data with the INS and State Department. The bill will increase US security by working with Canada and Mexico to create a North American Security Perimeter.
6.
Latest INS Service Center Processing Times Labor Certification Application(Green Card) Processing Times and Visa Cut Off Dates.Labor Certification Application (Green Card) Processing Terms
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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