• New H-1B Law for extension after 6 years;
• INS responds to delays in regular/non-premium processing applications;
• INS to launch e filing;
• Ciudad Juarez To Stop Third Country Non-immigrant Visa Processing;
• Green Cards for qualified undocumented immigrant workers;
• Latest INS Service Center Processing Times Labor Certification Application (Green Card) Processing Times and Visa Cut Off Dates.

1. New H-1B Law for extension after 6 years.

   The House of Representatives and the Senate have passed a bill which allows for filing of H-1B extensions after 6 years if the Labor Certification Application has been pending for 365 days. This law corrects an earlier provision of AC 21 which allows for filing of extension of H-1B extensions after 6 years if the Labor Certification has been pending for 365 days and an immigration visa petition has been filed on behalf of the H-1B visa holder. The Bill has been sent to the President on October 23, 2002, the President is expected to sign the bill.

2. INS responds to delays in regular/non-premium processing applications.

   The INS responding to concerns about delays in processing times for normal/non-premium applications, stated that it was taking appropriate steps to clear backlogs which have developed due to the IBIS checks-Interim Border Agency Identification System (Security Checks). These checks have delayed the normal processing times considerably. To clear an IBIS “hit”(a situation where some government agency finds a negative record for a particular individual), INS has a target of 15 days. The Congress has not authorized enough additional positions to achieve this target, for example the Nebraska Service Center has to assign 80 out of their 300 adjudicators for IBIS checks exclusively, resulting in a 26% shortage of adjudication personnel. The INS has signed a contract with the Computer Services Corporation, which will develop software to make the IBIS checks more automated. The IBIS check hit rate is 2%; various complications have arisen from laws including the Privacy Act and as to how much information can be shared with various agencies such as State Department etc.

3. INS to launch e-filing.

   INS will be launching in the near future the e-filing of Forms I-90 and I-765 There have been some delays in the implementing regulation at the Department of Justice. INS is aiming to commence e-filing by the end of 2003 for Forms I-129, I-821, I-539, I-907, I-131 and I-140.

4. Ciudad Juarez To Stop Third Country Non-immigrant Visa Processing.

   Effective November 01, 2002, the U.S. consulate in Ciudad Juarez, Mexico will stop taking visa-processing appointments from all third country nationals (TCNs) for non-immigrant visa processing. This step has been taken as the U.S. consulate in Ciudad Juarez has to process over 250,000 V visa applications and the processing is taking longer than anticipated due to the need for personal interviews and a shortage of civil service visa specialists. The Consulate will continue to accept applications from the residents of Ciudad Juarez district (Chihuahua, Durango, and Coahuila), TCN residents holding a FM-3 and TCNs living in general El Paso area (southern New Mexico/West Texas) and working in Ciudad Juarez. However, it appears that there will be sufficient visa appointment slots in Canada and Mexico to handle the majority of the TCN visa applications, which will not be serviced by the US consulate at Ciudad Juarez. The Department of State, may, however amend its policy to require visa for Canadian immigrants with Commonwealth nationality, therefore the surplus of visa appointment slots maybe short lived, as the U.S. consulates in Canada will have a very heavy workload with this new demand for visas.

5. Green Cards for qualified undocumented immigrant workers.

   Representative Richard Gephardt (D-MO) introduced the Earned Adjustment and Family Unification Act of 2002 on October 10, 2002 in Congress.

   A. This law provides adjustment of status to permanent resident status (Green Card Status) for undocumented qualified immigrant worker and unifies the family of U.S. citizens.

   I. In order to apply for adjustment of status to permanent resident status (Green Card Status) the following requirements must be met:

   1. Pass a federal background check;
   2. History of work in the U.S. for a total period of 24 months;
   3. Continuous residence in the U.S. for 5 years prior to date of enactment of the Act;
   4. There should not be outstanding taxes and/or any outstanding taxes should be rectified;
   5. Should have a minimum understanding of English and knowledge and understanding of the history and government of the U.S.;
   6. Should not have been a federal public charge;
   7. Applications should be filed within 3 years following the date of issuance of final regulation.

   II. Dependents

   The wife and children of a person adjusting status under this Act are eligible to adjustment of status for permanent resident.

   III. Work Authorization

   The Applicant and dependents are eligible for work authorization during the pending of the permanent resident application.

   IV. Immigrant Children

   Children who do not have eligible parents and who have been students in the U.S. for 5 years are eligible for adjustment status provided they stay in the school and show good moral character.

   B. To reduce the backlog of visa applicants removes the immediate relatives category- spouses, unmarried minor children and parents of U.S. citizens from the worldwide cap.

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

   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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