Registration of Certain Nonimmigrant Aliens from Designated Countries,
List of Countries Expanded (12-16-2002) [Top]

On December 16, 2002, the Immigration and Naturalization Service has expanded the list of countries, whose nationals or citizens are subject to special registration if they entered the U.S. before September 30, 2002. Males age 16 or older from Saudi Arabia, Pakistan, and Armenia must register between January 13, 2003 and February 21, 2003. For more details see the previous posting on this website on "Registration of Certain Nonimmigrant Aliens From Designated Countries". 

EDD Processing Update (12-13-2002) [Top]

As of December 13, 2002, The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases filed on April 23, 2001; and

• Waiver (Reduction-in-Recruitment RIR) cases filed January 7, 2002.

INS Response to Reports of a Moratorium on Adjudications (11-26-2002) [Top]

The Immigration and Naturalization Service has indicated that it continues to process and adjudicate naturalization, adjustment of status and asylum applications. However, some applications may take longer to adjudicate, as all security/IBIS checks must be complete prior to a decision being made.

Registration of Certain Nonimmigrant Aliens from Designated Countries,
List of Countries Expanded (11-26-2002) [Top]

On November 22, 2002, the Immigration and Naturalization Service has expanded the list of countries, whose nationals or citizens are subject to special registration before January 10, 2003, if they entered the U.S. before September 30, 2002. Currently, this list includes Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates and Yemen. For more details see the previous posting on this website on "Registration of Certain Nonimmigrant Aliens From Designated Countries".

Registration of Certain Nonimmigrant Aliens From Designated Countries
(Special Call-In Registration Procedures) (11-22-2002) [Top]

The above-referenced notice is effective as of November 15, 2002.  Non immigrant male aliens citizens or nationals of the following countries: Iran, Iraq, Libya, Sudan, and Syria, born before November 15, 1986, who entered the U.S. before September 10, 2002 and who will remain in the U.S. beyond December 16, 2002, must appear before, register with and provide requested information to the Immigration and Naturalization Service on or before December 16, 2002.

The registration involves photographing, fingerprinting, and interviewing under oath.

Aliens who fail to register by December 16, 2002, will be considered out of status and may be subject to removal. They may be subject to arrest, detention, fines and /or removal from the United States, and any future application for an immigration benefit from the United States may be impacted. 

American Consulate in Ciudad Juarez (10-22-2002) [Top]

The American Consulate in Ciudad Juarez is no longer scheduling visa appointments for third country national non-immigrant visa processing effective November 1, 2002.

H-1B Visa Extensions Beyond the 6-Year Limit (10-21-2002) [Top]

This bill has not yet been presented to the president as the Congress has been working on technical corrections accompanying the bill.

EDD Processing Update (10-04-2002) [Top]

As of October 4, 2002, The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases filed on April 20, 2001; and

• Waiver (Reduction-in-Recruitment RIR) cases filed October 29, 2001.

H-1B Visa Extensions Beyond the 6-Year Limit [Top]

The Department of Justice Authorization Bill was passed by the House last week and by the Senate on October 3, 2002. However, the bill is yet to be signed by the President, who has ten days to sign the bill. This bill allows one-year H-1B visa extensions for aliens in the following cases: 

• One who has a Labor Certification Application filed and has been pending for over 365 days; and/or
  One who has an Immigrant Visa Petition pending for longer than 365 days.

• This law will apply even if the alien has changed status since then or has left the country. However, if the Labor Certification Application or Immigrant Visa Petition is denied, the extended H-1B visa status ends at that point.

INS Status Check Online (09-27-2002) [Top]

The INS has started an on-line case status check system at https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp. The information provided is the same as can be obtained by calling the INS direct inquiry lines at the Service Centers.

INS Yearly Audit (09-27-2002) [Top]

As of September 23, 2002 until the beginning of October 2002, the INS offices are conducting a yearly audit. During this time, the general file movement will be restricted until the audit is over. 

At the California Service Center (CSC), it is expected that the audit will be completed by October 4, 2002 (time estimated) and it will not impact processing times as files were delivered to work stations in anticipation of the freeze. Adjudications will continue throughout the audit, and notices will continue to be generated and sent. The adjudicated files, however, will stay on the officers’ desks until the audit is over. Premium processing cases and urgent situations will not be impacted. However, inquiries that require file movement will be delayed until the audit is complete. 

The Vermont Service Center (VSC) advised that as of September 23, 2002, it ceased internal/external file movement until October 8, 2002 (time estimated). It will not be mailing/receiving petitions from other offices/consulates until the audit is complete. VSC will process Premium Processing cases and extreme emergencies. Approval and denial notices will not be issued, although Requests For Evidence will be sent out.

Special Registration of Aliens From Certain Countries (09-27-2002) [Top]

Currently, any nonimmigrant alien 14 and older who is a citizen or national of Iran, Iraq, Sudan, Libya or Syria is subject to special registration (fingerprinting, photographing and tracking). These aliens are registered (unless exempt) at the arriving ports-of-entry. 

Starting October 1, 2002, the citizens and nationals of the following countries: Pakistan, Saudi Arabia, Malaysia, Indonesia, Yemen, who are males between 16 and 45 years of age, will be subject to special registration. This registration list may expand in the future to include 33 countries.

Finally, any nonimmigrant alien, regardless of nationality, must be specially registered if the inspecting officer has determined or has a reason to believe that a nonimmigrant meets the pre-existing criteria for special registration. One such reason is unexplained trips to Iran, Iraq, Libya, Sudan, Syria, North Korea, Cuba, Saudi Arabia, Afghanistan, Yemen, Egypt, Somalia, Pakistan, Indonesia, or Malaysia, irrespective of nationality.

EDD Processing Update (09-06-2002) [Top]

The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases filed on April 18, 2001; and

• Waiver (Reduction-in-Recruitment RIR) cases filed September 24, 2001.

H-1B Visa Number Usage As Of June 30, 2002 (08-14-2002) [Top]

INS announced that 60,500 H-1B visa petitions subject to the cap were approved during the first three quarters of fiscal year 2002 (from October 1, 2001 to June 30, 2002).  The limit in fiscal year 2002 is 195,000.  This compares to 130,700 cap cases approved during the same time frame last fiscal year.

Individuals counted against the H-1B cap comprise less than half of the total number of approved H-1B visa petitions, since persons seeking extensions or modifications/amendments to current H-1B employment are not counted against the cap.

During the first nine months of fiscal year 2002, a total of 159,000 H-1B visa petitions were filed, compared with 270,000 and 222,000 for the same period in fiscal years 2001 and 2000, respectively.

AG Announces Partial Implementation of Special Alien Registration Program (08-14-2002) [Top]

Attorney General John Ashcroft announced that the first phase of the National Security Entry-Exit Registration System (NSEERS) will be implemented by INS at selected ports of entry throughout the United States on September 11, 2002.  After an initial 20-day period for testing and evaluating the system at selected ports of entry, all remaining ports of entry will have the new system in place on October 1, 2002.

The NSEERS program is the first step toward the development of a comprehensive entry-exit system applicable to virtually all foreign visitors.  Under the NSEERS program, the fingerprints of a small percentage of entering foreign visitors will be matched against a database of known criminals and a database of known terrorists.  These visitors will be selected according to intelligence criteria reflecting patterns of terrorist organizations’ activities. 

In addition to requiring the fingerprinting of higher-risk visiting aliens at the port of entry, the NSEERS program will require the same individuals to periodically confirm where they are living and what they are doing in the United States, as well as to confirm their exit from the country.

U.S. law has long required aliens who stay in the United States for more than 30 days to be registered and fingerprinted.  However, such requirements have been suspended for decades, with respect to most visiting foreign nationals.  The NSEERS program will put registration and fingerprinting requirements back in place, along with exit controls, for the following visitors to the United States:

• All nationals of Iran, Iraq, Libya, Sudan and Syria
  

• Nonimmigrant aliens whom the State Department determines to present an elevated national security risk, based on criteria reflecting current intelligence
  

• Aliens identified by INS inspectors at the port of entry, using similar criteria

CSC Liaison Meeting Summary For August 7, 2002 (08-08-2002) [Top]

• Premium Processing of I-140s (Employment Based Visa Petitions)
  CSC is waiting to receive instructions from Headquarters with respect to processing I-140s with Premium Processing.  This is not likely to occur in the near future because of the implementation of Concurrent Filings of I-140s/I-485s.
  

• Concurrent Filing of I-140s/I-485s
  CSC is currently establishing internal procedures for handling these types of cases.  CSC is also expecting to receive instructions from Headquarters.  It appears that the I-140 may be adjudicated prior to granting any other benefit sought under concurrent filings, i.e. the adjudication of an I-765 (Employment Authorization) and an I-131 (Advance Parole).
  
  Issues as to continued eligibility for 180 day portability were not addressed – these issues will need to be answered by Headquarters.
  

• H-1B Visa Petitions Backlog
  Unfortunately, the adjudication of regularly filed H-1B Visa Petitions is not a priority.  The backlogs for these types of cases will continue to grow in the near future.

New Rule Allows for Concurrent Filing of I-140 and I-485 (05-05-2002) [Top]
Prior to July 31, 2002, the Immigration and Naturalization Service regulations provided that an alien worker who wanted to apply for Permanent Residence could not do so until he or she obtained an approval of the underling Form I-140 petition, Immigrant Visa Petition for Alien Worker.  This procedure resulted in unnecessary delays.

Effective July 31, 2002, an interim rule amends the INS’ regulations for allowing the Form I-485 to be filed concurrently with the I-140, when a visa is immediately available. 

This interim rule also provides that, if an I-140 is pending on July 31, 2002, the alien beneficiary may file the Form I-485.

This interim rule also allows the alien worker to apply for employment authorization using Form I-765, Application for Employment Authorization, and for advance parole authorization using Form I-131, Application for Travel Document, while the Form I-485 is pending.

DOL and EDD Processing Update (07-29-2002) [Top]
The Department of Labor (DOL) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases received on September 21, 2000 (San Francisco) and June 10, 2002 (Seattle); and

• Waiver (Reduction-in-Recruitment RIR) cases received on December 17, 2001 (San Francisco) and June 30, 2002 (Seattle).

The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases filed in April 2001; and

• Waiver (Reduction-in-Recruitment [RIR]) cases filed in August 2001.

For additional information concerning the state agency Region VI, click here.  

Age-Out Protection Bill (07-25-2002) [Top]
On July 22, 2002, an Age-Out Protection Bill was sent to President Bush for signature.  This legislation addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of INS processing delays.  Under current law, a child’s eligibility to receive a visa or be part of his or her parent’s application is based on the child’s age at the time that the alien relative petition is approved, not the time the petition is filed.  Because of enormous backlogs and processing delays, many children turn 21 before the INS adjudicates the petition. In such cases, the child “ages-out” and is ineligible to receive an immediate relative visa or is no longer considered to be part of the parent’s application. The child’s petition is either automatically moved to a lower preference category or the child is required to submit his or her own petition, resulting in years of delays and possible ineligibility.

The “Child Status Protection Act” (H.R. 1209) provides that the determination of whether an unmarried alien son or daughter of a U.S. citizen is considered an “immediate relative child” (under 21 years of age) will be based on the age of the alien at the time the Petition for Alien Relative (Form I-130) is filed on his or her behalf, rather than on the date the petition is adjudicated, as is the case under current law.  The legislation makes similar determinations in the case of permanent resident parents who subsequently naturalize after having filed petitions for their sons or daughters and citizen parents who file petitions for married sons or daughters where such sons or daughters later divorce. In the former situation, the age determination will be made at the time of the parents’ naturalization. In the latter, the alien beneficiary’s age will be determined as of the date of his or her divorce.

For the children of legal permanent residents, or those who are accompanying or following to join on a petition for an immigrant visa, their eligibility will be determined based on the date that a visa becomes available to them, but only if they seek to acquire permanent resident status within one year of such availability. The bill also provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident parent subsequently becomes a naturalized U.S. citizen will be converted to a petition for an unmarried son or daughter of a U.S. citizen, unless the son or daughter elects otherwise.

President Bush is expected to sign the legislation in the near future.

Update on Visa Revalidation and Security Checks (07-25-2002) [Top]
The Chief of the Diplomatic Liaison Division at the State Department has issued a few reminders regarding visa revalidation and security checks:

• The revalidation request must be “clearly approvable.”  If there is any question of eligibility, the visa application and the passport are returned to the applicant with instructions to apply at a consular post outside the United States.

  • Males between the ages of 16 and 45 of all nationalities are reminded that they are required to submit a DS-157, and that posts can require a DS-157 of any applicant.  If the DS-157 triggers a Visas Condor check, the revalidation unit will apply the temporary refusal procedure described above, and the applicant must apply abroad.  It is uncertain whether the Visa Condor check will take the typical 30 days abroad.

  • The “List of 26” check takes 20 business days (really around 24 days), and is tied to nationality, citizenship, sex and age.  If that check is triggered, the visa revalidation unit can still process the case, unless something else arises during the check that requires further review.  In that case, the revalidation unit will follow that same process it uses for cases triggering the Visas Condor check.

• In the case of a 221(g) refusal by the visa revalidation unit, the passport is NOT marked “application received.”  Nevertheless, this application and its temporary refusal must be disclosed on any subsequent DS-156.

• The visa revalidation unit retains the Machine Readable Visa (MRV) fee in cases of refusal, as do consular posts.  Any reciprocity fee will be refunded.

Change of Address - Advising INS [Top]
As this office has always advised: All non-U.S. citizens who change address must notify the INS of this change.  Recently, the U.S. government has advised that it will announce a plan to strictly enforce this often-ignored 50-year-old law that requires all non-U.S. citizens to notify the INS of any change of address within 10 days of moving or risk deportation.

To inform INS, one must simply complete and mail to the INS a Form AR-11.  To obtain the Form AR-11, you may call this office (650-369-2055) or go to the INS website (http://www.ins.usdoj.gov/graphics/formsfee/forms/index.htm).

Consulate Warns of Additional Delays in NIV Processing (07-24-2002) [Top]
The U.S. Consulate in Paris has recently advised that, for nationals of countries subject to additional consular scrutiny, the time frame in which the 'additional administrative processing' might be completed cannot be specified.  If an applicant was told that the expected processing would take some definite amount of time (e.g. 30 days), that is no longer correct. The consul cannot say when any of these applicants' cases will be processed to conclusion. The consulate indicates that it will contact these applicants when a final decision is made in their cases.  It has been reported that it has taken 2-1/2 months or more for issuance of nonimmigrant visas to nationals of countries believed to be on the "list of 26" countries subject to additional scrutiny.

EDD Processing Update (06-12-2002) [Top]
The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases filed on April 16, 2001; and

• Waiver (Reduction-in-Recruitment RIR) cases filed August 16, 2001.

CSC Liaison Meeting on May 21, 2002 (05-28-2002) [Top]

• Adjustment applications (I-485)

  • Processing: No definitive answer was given as to how a case is adjudicated, i.e. based on filing date or fingerprint date.  Once the fingerprints have cleared and all other internal processes have been completed, the case is apparently then placed on the “ready” shelf and then pulled.  According to the most recent Just In Time Report, an inquiry can only be made on a pending case if it was filed prior to April 1, 2001.

  • Fingerprint Inquiry: A fax inquiry can now be made if a case has not been scheduled for fingerprinting after 120 days from filing (based on Notice date).

• Premium Processing of Employment Based Visa Petitions (I-140s)

  • Beginning June 3, 2002 (unless otherwise specified), certain I-140s can be filed with a request for Premium Processing.  This procedure is limited to the following types of I-140s:

    • EB1-3: International Managers;

    • EW-3: Unskilled workers (NOT PROFESSIONALS)'

    • Schedule A Group I + II; and

    • Other employment based categories may be added at a later date.

• IBIS (Interagency Border System)

  • Prior to the adjudication of any type of application or petition, an IBIS check must be made.  This new clearance is impacting the time line for adjudicating cases (potentially adding another month – assuming no “hit”).  This clearance must be done for each type of application – someone with multiple applications – each application must be checked against IBIS.

INS Security Checks Update (05-17-2002) [Top]
On April 19, 2002,  we reported that the INS had instituted a new process whereby all petitions and applications with the exception of N-400s were being subjected to a new security check.  As of last week, the INS apparently extended the requirement to N-400s, as well.  Moreover, these new checks are apparently being required even for those cases in which a good deal of processing has already taken place.  While the new security check mandate is in effect at all INS offices nationwide, implementation of the new process has been uneven at best, as some INS offices reportedly have limited access to the Interagency Border Inspection System (IBIS) database against which the checks are performed, and even where IBIS is available, many INS officers have yet to receive training on the system.  The INS has thus far been unable to provide information as to the kind of processing delays which can be expected with the new security check system.

PERM Program - Proposed New Labor Certification System (05-13-2002) [Top]
The Department of Labor has recently published proposed regulations to change the process for filing Labor Certification Applications.  This new program is called PERM (Program Electronic Review Management System).  Currently, a 60-day comment period has begun and will conclude on July 5, 2002.  Should this new system being implemented, all Labor Certification Applications would require recruitment prior to filing.  There would be three mandatory methods of recruitment (which would include a thirty-day Job Order with the State Agency, two Sunday Newspaper Ads and Internal Postings) and three alternative methods.  More details will be provided should these regulations be finalized.

EDD Processing Update (05-13-2002) [Top]
The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases filed on April 12, 2001; and

• Waiver (Reduction-in-Recruitment RIR) cases filed August 1, 2001.

Update on Visa Revalidation/Reissuance (05-08-2002) [Top]
Apparently the Revalidation Unit at the Visa Office has rejected a number of cases seeking revalidation/reissuance of visas. The Revalidation Unit has advised that the DS-157 form responses often trigger a Visa Condor check. The Condor is a 30-day check, which is not triggered solely by identity. When the Condor is triggered, the Revalidation Unit will not issue the visa and it returns the application. The State Department cannot divulge what the Condor triggering responses are due to security concerns. If the application is returned, the applicant must apply outside of the U.S. for the visa and the person will be subject to the Condor check. Apparently, the Condor check does not require an actual response to allow issuance. The failure of a response in the time frame allows issuance.

Update from the Vermont Service Center (04-30-2002) [Top]

The Vermont Service Center (VSC) has recently advised of a change in practice.  Note that these changes may be applicable to the other Service Centers.

Security Checks.  The VSC has indicated that all files must now undergo a security check.  As of April 17, 2002, the VSC had approximately 40,000 cases that required the security clearance before a final decision could be rendered.  This may have a substantial impact on adjudications, possibly resulting in at least an additional month before approval notices are sent out. Requests for evidence (RFEs) will continue to be processed. It is the final adjudication that is being delayed. 

Premium processing cases will be adjudicated within 15 days, but in the event there is a "hit" on the security check, the case will then be sent to Investigations and the 15 day clock will stop until the investigation has been completed. The VSC intends to notify petitioners when the matter has been sent for further investigation.

Zero Tolerance.  The INS has begun to institute a zero tolerance policy. This means that if people are out of status, adjudicators will not be exercising discretion to consider the status violation de minimis and grant the benefit being sought.  There is tremendous pressure being brought to bear by the Administration, Congress, and INS itself to ensure that the present state of the law is being followed precisely.

INS Institutes New Security Checks - NO PREMIUM PROCESSING FOR I-140s (04-19-2002) [Top]
INS has recently advised that all pending and future petitions and applications, except N-400s, are being subjected to a new security check.  INS did not specify to what degree this process is expected to delay adjudications, but did indicate that it will not be implementing premium processing for I-140 petitions at this time.  However, existing premium processing program will not be delayed by these new security checks, unless there is a security "hit."

B Visa Regulation Changes (04-15-2002) [Top]
On April 12, 2002, an interim rule concerning changing status from a B-1 or B-2 to an F-1 or M-1 took effect.  Previously, under old INS regulations, an individual on a B nonimmigrant status may begin the course of study based on the filing of a change of status to an F-1 or M-1.  With the new regulation in effect, the change of status application must be approved before one is authorized to begin studying.  Note that this interim rule applies to all aliens who are admitted as change their status to or extend their stay as, a B-1 or B-2 on or after April 12, 2002.  This new regulation will not affect those who have been admitted to the United States prior to April 12, 2002.

The INS is proposing to eliminate the minimum period of admission for a B-1/B-2 nonimmigrant visitor for pleasure or business, which currently is a 6-month admission.  The new regulation would permit a visitor entering on a B visa to be admitted for a period of time that is fair and reasonable for the completion of the purpose of the visit.  The burden would rest with the alien to adequately establish the precise nature and purpose of the visit.  In addition, all B visitors may be eligible to apply for extensions of stay, but only in cases that have resulted from unexpected events compelling humanitarian reasons, such as emergency or continuing medical treatment.  A third proposed regulation would require that those B visitors who wish to change nonimmigrant status to that of a student, must make this intention known when the visitor applies for admission to the United States.  If an individual applies for a change of status from B status to a student without a Form I-94 that has been annotated as a "prospective student" by an inspecting Service officer, the application will be denied.  The comment period for these new regulations ends on May 13, 2002.

Advance Parole Changes (04-12-2002) [Top]
As of April 1, 2002, INS changed the form on which applicants will be receiving their Advance Parole Authorization.  After the Advance Parole Application is approved, a form I-512L (Authorization for Parole of an Alien into the United States) will be issued.  There are three (3) major changes to this document: (1) the form is now on security paper, (2) the photograph is scanned into the document and (3) the maceration stamp or seal will not be on the document.  In addition, all Advance Parole Authorization Documents that are issued by the Nebraska Service Center office will be sent to the applicant's authorized representative.

EDD an DOL Processing Update (04-12-2002) [Top]
The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases filed on April 12, 2001; and

• Waiver (Reduction-in-Recruitment RIR) cases filed July 19, 2001.

INS Proposes Changes to Rules Governing Visitors and Students (04-09-2002) [Top]
INS has announced the imminent publication of three new rules in the Federal Register.  One of the interim rules would prohibit nonimmigrants admitted in B visitor status from changing status to an F-1 visa unless the individual was admitted as a "Prospective Student."  Additionally, the interim rule would prohibit the applicant from pursuing the course of study prior to obtaining an approval of the change to student status.  Another new proposed rule would eliminate the 6-month admission period for visitors and would instead base the admission period on the amount of time needed to accomplish the purpose of the trip (in many cases 30 days).  An extension of stay would only be available for "unexpected or compelling humanitarian reasons," such as medical treatment or a delay in the conclusion of a business matter.  A third rule would require an alien with a final order of removal to surrender to the INS within 30 days of the issuance of that order.  Individuals failing to comply would be prohibited from acquiring future immigration benefits.

Visa Services Suspended in Peshawar, Lahore and Karachi (03-26-2002) [Top]
The Department of State has suspended visa services at the U.S. Consulates in Peshawar, Lahore and Karachi. U.S. citizen services will continue to operate at these Consulates.

The U.S. Embassy in Islamabad is open for all services, including visa services. However, from time to time, the missions in Pakistan may temporarily close or suspend public services as necessary to review their security posture. The suspension of visa services at these Consulates appears open-ended.

News from the U.S. Consulate in Chennai, India (03-14-2002) [Top]
On February 13, 2002, the U.S. Consulate in Chennai, India introduced a Web-based appointment system for nonimmigrant visa applicants.  Qualified nonimmigrant visa applicants can schedule appointments for visa interviews via the Internet, at www.ttsvisas.com.

For applicants not eligible to use the “Drop-Box” or “Business Express” programs, advance appointments have become mandatory starting on March 4, 2002. This Web site is maintained by TT services under instructions from the Chennai Consulate; no additional fee will be charged for the appointment.

This system is already in use at the American Embassy in New Delhi and at the U.S. Consulate in Mumbai.

Traveling to Contiguous Countries without a Valid Visa (03-12-2002) [Top]
There is an important amendment to the regulation [22 CFR 41.112(d)] allowing aliens to travel to contiguous countries or adjacent islands without a valid visa, as long as the individual possesses a valid I-94 Card and accompanying documentation verifying current lawful status (valid I-797 notice or valid I-20 or valid IAP-66).

As of April 1, 2002, nationals of the following terrorist sponsoring states (Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba) will be unable to benefit from the provisions of this regulation.  For example, if an Iranian national goes to Mexico or Canada for a day and has an expired visa, but a valid extension approval notice of status; the Iranian national will need to obtain a visa to return to the United States.  If any foreign national goes to a US Consulate in Mexico or Canada, for example, and "applies" for the visa and the visa is not issued for any reason, the applicant will NOT benefit from 22 CFR 41.112(d).  For those third country nationals from non-designated terrorist sponsoring states, if they do NOT apply for a visa while on a trip to Canada or Mexico for 30 days or less, they can still use 22 CFR 41.112(d) to apply to reenter the US on an expired visa, if otherwise qualified.

Note, visa re-issuance through the Visa Office is still possible for List of 26 security check applicants, if qualified.

H-1B Cap Status (03-07-2002) [Top]
The INS recently reported that during the first quarter of the current fiscal year, from October 1, 2001, to December 31, 2001, approximately 28,000 H-1B petitions had been approved against the 195,000 cap for Fiscal Year 2002.  In addition to the petitions already approved, the INS has an estimated 18,000 pending petitions that may be counted against the H-1B cap.  In total, INS received approximately 54,000 H-1B petitions during the first quarter of Fiscal Year 2002. This is an approximately a 58% decrease from the level of filings INS experienced during the first quarter of Fiscal Year 2001.

INS San Jose Liaison Meeting on March 6, 2002 (03-07-2002) [Top]

• Processing Times

  • Issuance of receipt for I-485, I-131 and I-765: 2 – 4 weeks

    • Appointment to collect EAD Card and Advance Parole: 2 weeks later

  • Interview for I-485:    10 – 12 months

  • Interview for N-400:    7 – 12 months

• Adit Processing For Employment Based Cases

  • Cases approved by the Service Center, the client needs to go to the San Jose INS office to be processed for the Adit stamp and creation of the Alien Registration Card.  With the appointment letter form the Service Center, the individual need not stand in the “regular” line, but should go directly to the Security Guard and will be allowed to enter the facility.  Children under ten years of age need not be present.

DOL and EDD Liaison Meeting on February 28, 2002 (03-01-2002) [Top]

• Processing Times

  • EDD

    • Reduction in Recruitment (RIR) cases being pulled 06-28-2001.

    • Non-RIR cases being pulled 04-06-2001.

  • DOL

    • RIR cases being pulled 10-26-2001.

    • Limited Review cases are current.

    • Non-RIR cases being pulled 05-25-2000.

• EDD Updates

  • Current backlog of Non-RIR Cases is approximately 48,000, of which 45,000 were filed in April 2001.  EDD estimates that processing times should not increase, but rather the cases should move somewhat more quickly in the future.

• General Comments

  • EDD and DOL insisted that the handling of the cases, despite the economic downturn, has not affected the way they process RIR cases.  However many attorney attendees described receiving notices from DOL remanding (i.e. returning cases) to EDD for lack of a pattern of recruitment.  A pattern, which previously was acceptable, appears no longer to be the case.  Additionally, it appears that more Assessment Notices are being issued by EDD concerning the lack of pattern of recruitment and the need to provide more details on the recruitment results.

  • DOL is waiting to receive additional guidance from the National Office with respect to handling cases where the employer has had “layoffs”.

CSC Liaison Meeting on February 27, 2002 (02-28-2002) [Top]

• Adjustment applications (I-485)

  • Inquiries: An inquiry on a pending adjustment application, which has had the fingerprints already taken, can only be made if a case has a Notice date of before 01-01-2001.  An inquiry on a pending adjustment application, which has NOT YET been scheduled for fingerprints, can only be made if the case has a Notice date more than 180 days ago.

  • Portability cases: CSC reported that is adjudicating cases where the “alien” has ported to a new employer.

  • Family Bundles: CSC will continue to keep I-485 applications for a family unit together so as to adjudicate the family at one time.  Thus, if one family member’s application cannot be adjudicated and must be referred to the local office for an interview, the family, as a whole, will be transferred for an interview.

  • Concurrent Filings:  This issue has apparently now been put on hold.

  • Changes post 09-11-2001: No new guideline nor guidance has been received in order to adjudicate cases since 09-11-2001.

  • Returned Alien Registration Cards (I-551), Work Permits (EAD cards) and Advance Parole documents (ap): If an I-551 or EAD card is returned as undeliverable (address change) – the card is held for 180 days and if no new address is received, the card is destroyed.  An AP Document is not so easily retrievable and thus if an AP document is not received due to a change of address, a new application must be filed.

• Immigrant visa petitions (I-140s): CSC expects to begin processing some I-140s under Premium Processing by 04-15-2002.  The implementation of this program will again be staggered and it is not known at this time which type of I-140 will be initially eligible for filing under this Process.

•  H-1B Visa Petitions

  • CSC is looking more closely at the beneficiary’s qualifications to ensure that the education meets the requirement of the position offered.  “For example, it would be difficult for a beneficiary with a ME degree to qualify for a programmer.  Some math majors cannot qualify because they don’t have the computer language exposure.”

  • Layoff Situation: CSC has indicated that if an H-1B transfer petition is filed within 10 days of an individual being laid off, the petition will be deemed to have been timely filed. 

  • NOTE: This appears to be a new interpretation – this opinion could change without notice, as denials have been issued when a petition was filed after 3 days of an individual being laid off.

  • A Request for Evidence (RFE) is issued in approximately 20% of the cases.  Once a response is recorded in the computer as having been received at the CSC and no decision is issued after 60 days, a fax inquiry may be sent.  If no response is received to the fax inquiry after 15 business days, a second fax may be sent.  If no response is received after 10 business days, follow up may be made with the AILA Liaison.

• Work Permit for E/L spouse:  CSC is accepting the filing of this type of work permit.  The work permit will be issued for either two years or the expiration date of the L-2 visa (whichever is less).  If a decision is not received after 90 days, a request for an interim work permit may be made at the local INS office.

Update on Immigrant Visa Processing at the National Visa Center (02-20-2002) [Top]
There has been a number of recent changes in immigrant visa ("IV") processing procedures at the National Visa Center ("NVC").  The following will provide a summary of the three types of processing procedures for the posts:

• Beta posts. These posts process IV cases in the traditional manner through NVC, which sends applicants the Instruction Package for Immigrant Visa Applicants (formerly Packet 3) and instructs them to notify the post directly when ready to process.

• Alpha posts. NVC sends the Instruction Package for Immigrant Visa Applicants (formerly Packet 3) and affidavit of support form to the applicant, with instructions to return them to NVC via the St. Louis address upon payment of the $260 IV and $50 affidavit of support review fees to that address. NVC performs a clerical review of documents submitted to determine if the case is complete (e.g., all 3 years' tax forms, I-864 signed and notarized, if applicable, DS-230 properly completed, fees paid), then forwards the case to the post. The post makes the IV appointment. NVC uses this process for Manila, Santo Domingo, Georgetown, Port au Prince, Guangzhou, Bogota, Ho Chi Minh City, New Delhi, Mumbai and Chennai. A modified version of the process is used for Ciudad Juarez (Basically, the affidavit of support process is not as thorough for Ciudad cases).

• Alpha appointment posts ("alpha plus") posts. NVC does the same processing as for alpha posts above plus the appointment scheduling. In addition, for Alpha appointment posts only, NVC compiles original civil documents (or certified copies) and police certificates. NVC reports numerically controlled cases as documentarily qualified, obtains a visa allocation number, and then sends the appointment letter to the applicant. The applicant completes the physical examination and appears for the interview at the post. The original civil documents are returned to the applicant at time of interview at the post. The process is in place for Montreal, Tirana, and all posts on the continent of Africa: Abidjan, Cote D'Ivoire; Accra, Ghana; Addis Ababa, Ethiopia; Algiers, Algeria; Antananarivo, Madagascar; Cairo, Egypt; Cotonou, Benin; Casablanca, Morocco; Dakar, Senegal; Dar-es-Salaam, Tanzania; Djibouti, Djibouti; Harare, Zimbabwe; Johannesburg, South Africa; Kinshasa, Democratic Republic of the Congo; Lagos, Nigeria; Libreville, Gabon; Lilongwe, Malawi; Lome, Togo; Lusaka, Zambia; Monrovia, Liberia; Nairobi, Kenya; Niamey, Niger; Ouagadougou, Burkina Faso; Praia, Cape Verde Islands; Tunis, Tunisia; and Yaounde, Cameroon. 

Visa Issuance Update (02-07-2002) [Top]
The State Department reports that the Visa Office is now completing visa reissuance requests received in December 2001, and hopes to be completed with the December cases by the end of February 2002.  The Visa Office expects that visa reissuances will be “back on track" by mid-March so that timing for cases filed after mid-March returns to less than four weeks from date the of filing.

The Visa Office reminds everyone that visa reissuance will not be granted when more than 60 days remains on the current visa, even if it is a change of employer situation.  The Department is presently being careful about enforcing this rule and all of the particulars in the visa re-issuance process, including the requirement that photos be a current, frontal view (passport style photos, not INS ADIT photos, no dark background nor dark glasses) and the requirement that the DS-157 be submitted for all males age 16-45. In addition, the DS-156 and not the old OF-156 must be submitted

EADs to be Required for Spousal Employment Holding L and E Visas (02-04-2002) [Top]
INS is currently in the process of drafting guidance on two recently signed pieces of legislation that allow for work authorization to the spouses of intracompany transferees (L-1s) as well as treaty traders and treaty investors (E-1s and E-2s).  While the INS has yet to finalize guidance, it is understood that individuals wishing to take advantage of the new legislation will be required to obtain an employment authorization document (EAD).  More information will be provided as it is made available.

Pakistan Travel Warning (01-29-2002) [Top]
The Department of State warns U.S. citizens to evaluate carefully the implications for their security and safety before deciding to travel to Pakistan.  Although the Department has authorized the return of all U.S. Embassy and Consulate personnel positions and family members effective on January 28, 2002, ongoing events in the region require that all Americans in or traveling through Pakistan closely consider the implications for their security and safety.  U.S. forces are engaged in military action in neighboring Afghanistan, against the remnants of the former Taliban regime and the terrorist Al-Qaida network.

While the Government of Pakistan has expressed its full support for the international campaign against terrorism, some public sympathy and support for the Taliban and Al-Qaida still exist in Pakistan.  The presence of indigenous sectarian and militant groups in Pakistan requires that all Americans in or traveling through Pakistan take appropriate security measures.  Events in the Middle East also increase the possibility of violence.

Americans who reside in or visit Pakistan despite this warning should exercise maximum caution and take prudent measures.  This includes maintaining a strong security posture by being aware of their surroundings, avoiding crowds and demonstrations, keeping a low profile, varying times and routes and contacting the nearest U.S. embassy or consulate in case of any change in the local security situation.  The Consulates in Peshawar, Lahore and Karachi are open for American citizens services but not visa services.  The U.S. Embassy in Islamabad is open for all services including visa services.  However, from time to time, the missions in Pakistan may temporarily close or suspend public services as necessary to review their security posture.

The U.S. Embassy also urges all American citizens to defer travel to the tribal areas of Pakistan's Northwest Frontier Province until further notice.  The Government of Pakistan requires all citizens of countries other than Pakistan and Afghanistan to obtain permission from the Home and Tribal Affairs Department prior to visiting these tribal areas which lie outside the normal jurisdiction of the Government of Pakistan.

U.S. citizens in Pakistan are strongly urged to register and obtain updated security information at the American Embassy in Islamabad, the U.S. Consulate General in Karachi, the U.S. Consulate in Lahore, or the U.S. Consulate in Peshawar at the following addresses:

The U.S. Embassy in Islamabad is located at
Diplomatic Enclave, Ramna 5,
telephone (92-51) 2080-0000;
consular section telephone (92-51) 2080-2700,
fax (92-51) 822-632.

The U.S. Consulate General in Karachi is located at 8
Abdullah Haroon Road,
telephone (92-21) 568-5170
after hours: (92-21)-568-1606)
fax (92-21)568-0496.

The U.S. Consulate in Lahore is located on 50-Empress
Road near Shimla Road or Sharah-E-Abdul Hamid Bin
Badees, (Old Empress Road)
telephone (92-42)636-5530 during regular working hours,
fax (92-42) 636-5177.

The U.S. Consulate in Peshawar is located at 11
Hospital Road, Cantonment, Peshawar,
telephone (92-91) 279-801 through 803
fax (92-91) 276-712.

For further general information regarding travel to Pakistan, U.S. citizens should consult the Department of State's Consular Information Sheet for Pakistan, available via the Internet at http://travel.state.gov.

This supersedes the Travel Warning for Pakistan dated December 13, 2001, in order to inform U.S citizens of the termination of authorized departure status of U.S. Embassy and Consulate employees and their family members in Pakistan and to update the security situation in Pakistan.

President Signs Spousal Work Authorization Measures into Law (01-18-2002) [Top]
On January 16, 2002, President Bush signed into law two bills: H.R. 2277 and H.R. 2278.  H.R. 2277 (PL 107-124) provides work authorization to the spouses of E visa holders.  H.R. 2278 provides work authorization to the spouses of L visa holders and reduces the required period of prior continuous employment for certain intra-company transferees. Specifically, H.R. 2278 amends INA section 214(c)(2)(A) to provide that in the case of an alien seeking admission under section 101(a)(15)(L), the required one-year period of continuous employment is reduced to six months if the importing employer has filed a blanket petition and met the requirements for expedited processing of aliens covered under such petition.

Please note that the Immigration Service has yet to issue regulations on these recently passed bills.

AILA/CSC Meeting Scheduled for February 27, 2002 (01-18-2002) [Top]
The next American Immigration Lawyers Association (AILA) - California Service Center (CSC) Meeting is scheduled for Wednesday, February 27, 2002.

EDD an DOL Processing Update (01-15-2002) [Top]
The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

• Non-Waiver cases filed on April 2, 2001; and

• Waiver (Reduction-in-Recruitment RIR) cases filed June 11, 2001.

At present, there are 13,500 RIR cases pending and 47,500 non-RIR cases pending with EDD.

The Department of Labor has reported that it is working on RIR cases that were received on October 12, 2001 and non-RIR cases that were received on April 25, 2000.  In addition, due to the economic climate, the Department of Labor is no longer accepting only one or two print ads to establish the required six month pattern of recruitment.  It appears that companies may now need to place one ad per month in order to convincingly establish a pattern of recruitment.  This will be confirmed at the next DOL meeting, which is scheduled for February 28, 2002.

 CSC Fax Inquiry Procedure Changes (01-04-2002) [Top]
The California Service Center has revised its fax inquiry procedure from a 3-tier to a 2-tier system.  A fax inquiry may be made in the following situations: (1) cases 30 days beyond normal processing times; (2) cases where 60 days have passed from the date a response to a Request for Additional Evidence was received; and (3) cases where a beneficiary will age-out within six months.  A fax is first sent to level one inquiry and if this inquiry is unanswered after fifteen business days, a second fax may be sent.

If a response is not received to the second fax by  10 working days, a fax follow up can be sent to the AILA liaison.

INS Filing Fees to Increase February 2002 (01-04-2002)  [Top]
The Processing and Filing Fees for most applications filed with the Immigration and Naturalization Service will increase and be effective on February 19, 2002.

EDD Processing Update (01-04-2002) [Top]
Upon contacting the Employment Development Department, that office advised that Non-Waiver cases filed on April 2, 2001 and Waiver (Reduction-in-Recruitment RIR) cases filed June 5, 2001 are being "pulled off the shelf for review."