ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 2 of 2

Thread: Latest Immigration News from True, Walsh & Miller, LLP

  1. #1
    copy-paste from:

    http://www.twmlaw.com/resources/news7_30_04.html

    ________________________________________


    July 30, 2004 immigration news update
    Click for a Printable Version of this Article

    1. 9/11 Commission Proposes Immigration Changes
    2. Immigration Agency to Revise Naturalization Test
    3. State Dep't Updates Visa Internet Site
    4. Labor Dep't Proposes Centralized Labor Certification Processing
    5. Immigration Agency Grants Extension of Stay for Some Foreign Students
    6. Immigration Agency to Change Photograph Requirements
    7. A Reminder to Keep Pay Stubs and Tax Returns
    8. InfoPass Officially Opens in New York City
    9. State Dep't Announces Diversity Visa Results
    10. Foreign Health Care Professionals Get an Extension of Stay
    11. New Articles on Our Web Site

    1. 9/11 Commission Proposes Immigration Changes

    On July 22, 2004, the Commission on Terrorist Attacks upon the United States (9/11 Commission) released its final report on the September 11, 2001 terrorist attacks and made recommendations for policy changes to prevent a similar situation from happening again. Several of these recommendations directly address U.S. immigration policies and consequently may affect person seeking visas and green cards.

    Some of the commission's recommendations were not surprising, restating issues already occupying the attention of the Department of Homeland Security. For instance, the report called for the spread and unification of biometric identification standards. "The current patchwork of border screening systems, including several frequent traveler programs, should be consolidated with the U.S. Visit system to enable the development of an integrated system, which in turn can become part of the wider screening plan we suggest." The Department of Homeland Security has already started the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) and expects it to be extended to all ports by the end of 2005.

    The report also recommended that U.S. citizens, Canadians, and Mexicans should not be exempt from carrying biometric data, even when going to Canada, Mexico, or the Caribbean. The commission also urged that standards be set for the issuance of birth certificates and sources of identification such as driver's licenses. According to the New York Times, the Bush Administration has already begun considering which changes to make based on the report.

    To read more about the U.S. VISIT Program, please visit the following article on the True, Walsh & Miller web site: http://www.twmlaw.com/resources/usvisit.html See also http://www.dhs.gov/interweb/assetlib...dFactSheet.pdf

    2. Immigration Agency to Revise Naturalization Test

    The U.S. Citizenship and Immigration Services (CIS) hopes to revamp its naturalization test by 2006. The exam, designed for applicants to display their English abilities and knowledge of U.S. history and government, has been criticized for producing inconsistent results. The current history test consists of ten questions randomly picked from a pre-approved list of questions. The English section requires applicants to read a sentence aloud and write a sentence of dictation.

    The new test, designed by a collection of civic experts, educators and groups that aid immigrants, will test more necessary and useful English, history and government skills. The English section will test, among other things, conversational ability, the ability to understand simple directions, and how respond to warnings. The history exam will test the applicant's knowledge of momentous events in U.S. history, such as the Revolutionary War.

    The CIS will introduce the revised test in two stages. The first step will be a pilot program throughout 2005 in which several cities will administer the test. The second phase will be national implementation in 2006. Applicants who fail the pilot test will be able to take it a second time with no extra fee. The CIS is also preparing study guides to help applicants prepare for the test.

    For more information about the new exam please see: http://uscis.gov/graphics/services/natz/NatzTesting.pdf

    3. State Dep't Updates Visa Internet Site

    The State Department's Bureau of Consular Affairs has recently updated its web site, http://travel.state.gov/, to become more user-friendly, adding navigational tools and overhauling its image. Users of this web site should be warned that their bookmarks may need to be updated to reflect changes on the site.

    The Bureau also added increased functionality to its web-site, introducing the Internet Based Registration System (IBRS) which allows U.S. citizens to electronically register themselves, their itineraries, and contact information in case of an emergency. This information will allow the State Department to update registrants on safety issues when they are abroad and to more easily locate them if necessary.

    For information about the IBRS please visit: https://travelregistration.state.gov/ibrs/

    4. Labor Dep't Proposes Centralized Labor Certification Processing

    In an attempt to reduce the backlog of nearly 300,000 applications for permanent labor certification, the Department of Labor (DOL) has proposed a rule that would allow the agency to transfer pending applications to a "non-State centralized processing site." Currently, both the State Workforce Agency (SWA) and the Employment and Training Administration (ETA) handle their functions in the labor certification process separately. SWA handles the initial stages of processing and the ETA handles the denial and certification process.

    The ETA recently funded a study to assess ways to reduce the current backlog. The researchers found that centralized processing would substantially reduce the backlog. An ETA pilot program testing this concurred with the study's finding. THE DOL is proposing this as an amendment to the interim rule in which PERM was initially suggested. PERM is DOL's proposed electronic filing system designed for automated processing of labor certification applications. The DOL expects PERM and centralized certification processing to reduce labor certification processing times.

    5. Immigration Agency Grants Extension of Stay for Some Foreign Students

    The Department of Homeland Security (DHS) published a rule in the Federal Register on Friday July 23 to help nonimmigrant students on F and J visas caught in the H-1B "cap gap." This rule will benefit F or J visa students who are applying for a change of status to H-1B and whose status will run out before October 1. The new rule allow such students to remain in status until October 1.

    While this rule looks promising there are several limitations. First, the DHS must receive a timely-filed request for a change of status by today (July 30). Second, while F and J students can stay in the United States until October 1, they can not work for their H-1B employer until that date. Finally, if the H-1B petition is denied, the F or J student's statues will be terminated as of the date of the denial and they will be expected to leave the country immediately.

    For an article on the True, Walsh & Miller web site summarizing the new rule see: http://www.twmlaw.com/resources/noni...t/fjhelph.html

    6. Immigration Agency to Change Photograph Requirements

    The U.S. Citizenship and Immigration Services (CIS) recently announced that it will soon change photograph requirements for some documents. Currently many of their documents require photographs that meet Alien Documentation, Identification and Telecommunication (ADIT) requirements. The CIS now intends to change over to requiring passport-style photographs on all of their documents instead of ADIT-style photographs. The major difference between these two styles is that ADIT-style photographs display their subjects at a 3/4 frontal position; passport photographs are taken of a full frontal position.

    According to a recent CIS e-mail, the CIS is considering accepting both styles of pictures until September 1. After this date the CIS may begin issuing requests for evidence for incorrect photograph poses. However, official changes to the photograph requirements have yet to be issued by the immigration service.

    For a complete list of passport photograph specifications, please see:
    http://travel.state.gov/passport/pptphotos/index.html

    7. A Reminder to Keep Pay Stubs and Tax Returns

    Pay stubs and tax returns may be vital in proving legal status when petitioning for an employment-based visa. Often the immigration agency specifically asks for these documents, which prove that: (1) the worker is indeed getting paid; (2) they are getting paid by the correct employer; and (3) they are getting paid the correct wage. Considering how important these documents can be, we urge you to keep track of your pay stubs and tax returns.

    8. InfoPass Officially Opens in New York City

    As part of its backlog reduction strategy, the U.S. Citizenship and Immigration Services (CIS) has begun an internet-based appointment system called InfoPass in New York City. InfoPass allows people to electronically schedule appointments with immigration officers. In busy districts like New York City, which served over 350,000 people last year, people waiting to see immigration officials would line up before dawn to ensure they had a chance to get assistance.

    CIS Director Eduardo Aguirre touted InfoPass as "another important stride for the [CIS] in our commitment to offer customers first rate service." InfoPass is just one of several innovations designed to improve service. Most notably, the CIS provides an electronic filing system, E-filing, which supports eight of frequently used immigration application forms. By the end of 2006, the CIS hopes to offer 12 forms, which account for 90% of the applications filed yearly. Applicants are also able to check their statuses electronically and receive e-mail updates when their status changes.

    InfoPass began as a pilot program in Miami. According to Director Aguirre, after its inception there were dramatic decreases in waiting times for customers. InfoPass is expected to be extended to 21 more cities within the next month.

    To find out more about the CIS' backlog reduction plan please see:
    http://www.twmlaw.com/resources/news7_6_04.html

    9. State Dep't Announces Diversity Visa Results

    The State Department has notified this year's winners of the diversity visa green card lottery for fiscal year 2005. The diversity green card lottery program makes available 50,000 immigrant visas each year to people from countries with low rates of immigration to the United States. 100,000 people were notified to ensure that all 50,000 green cards are used. 9.5 million people applied. Winners of this year's visa lottery can begin actually applying for their green cards October 1, when fiscal year 2005 starts.

    To qualify for the diversity visa lottery, applicants must have at least a high school education or its equivalent and be a citizen in a country with low rates of immigration to the United States. Once all 50,000 green cards have been used, the program for fiscal year 2005 will end.

    The State Department's announcement about the results of the DV-2005 visa lottery are at: http://travel.state.gov/visa/immigra...iversity2.html For general information about the diversity visa green card lottery go to: http://travel.state.gov/visa/immigra...diversity.html

    10. Foreign Health Care Professionals Get an Extension of Stay

    The U.S. Citizenship and Immigration Services has published a rule extending the deadline by which certain health care workers from Canada and Mexico must obtain health care certification. The rule only applies to health care workers who were employed as "trade NAFTA" (TN) or "trade Canada" (TC) nonimmigrant health care workers and who held valid licenses from a U.S. jurisdiction before September 23, 2003.

    The new rule stems from a prior rule issued in July 2003 that required all foreign health care workers to comply with certain certification requirements. This certification comes from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or the equivalent credentialing organization and verifies that the worker meets certain education, training, licensure and competency requirements for that profession. The July 2003 rule included a transition period during which affected workers who had not yet obtained certification could receive a waiver to allow them to continue living and working in the United States. This transition period would have ended July 26, 2004. The new rule extends that date for another year, to July 2005.

    For more on visas for foreign nurses, visit the following article on the True, Walsh & Miller web site: http://www.twmlaw.com/resources/freignnurses.html

    11. New Articles on Our Web Site

    We have posted a new article on our web site regarding immigration enforcement since 9/11: http://www.twmlaw.com/resources/9_11art.html



    --------------------------------------------------------------------------------
    The contents of these web pages are provided for general informational purposes and do not constitute legal advice for specific cases, which should only be obtained from an attorney.

    --------------------------------------------------------------------------------
    Copyright 2004 True, Walsh & Miller, LLP. Attorneys at Law
    The Commons, 202 East State Street, Ithaca, New York 14850

    phone: 607-273-4200, fax: 607-272-6694, E-mail: twm@twmlaw.com

  2. #2
    copy-paste from:

    http://www.twmlaw.com/resources/news7_30_04.html

    ________________________________________


    July 30, 2004 immigration news update
    Click for a Printable Version of this Article

    1. 9/11 Commission Proposes Immigration Changes
    2. Immigration Agency to Revise Naturalization Test
    3. State Dep't Updates Visa Internet Site
    4. Labor Dep't Proposes Centralized Labor Certification Processing
    5. Immigration Agency Grants Extension of Stay for Some Foreign Students
    6. Immigration Agency to Change Photograph Requirements
    7. A Reminder to Keep Pay Stubs and Tax Returns
    8. InfoPass Officially Opens in New York City
    9. State Dep't Announces Diversity Visa Results
    10. Foreign Health Care Professionals Get an Extension of Stay
    11. New Articles on Our Web Site

    1. 9/11 Commission Proposes Immigration Changes

    On July 22, 2004, the Commission on Terrorist Attacks upon the United States (9/11 Commission) released its final report on the September 11, 2001 terrorist attacks and made recommendations for policy changes to prevent a similar situation from happening again. Several of these recommendations directly address U.S. immigration policies and consequently may affect person seeking visas and green cards.

    Some of the commission's recommendations were not surprising, restating issues already occupying the attention of the Department of Homeland Security. For instance, the report called for the spread and unification of biometric identification standards. "The current patchwork of border screening systems, including several frequent traveler programs, should be consolidated with the U.S. Visit system to enable the development of an integrated system, which in turn can become part of the wider screening plan we suggest." The Department of Homeland Security has already started the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) and expects it to be extended to all ports by the end of 2005.

    The report also recommended that U.S. citizens, Canadians, and Mexicans should not be exempt from carrying biometric data, even when going to Canada, Mexico, or the Caribbean. The commission also urged that standards be set for the issuance of birth certificates and sources of identification such as driver's licenses. According to the New York Times, the Bush Administration has already begun considering which changes to make based on the report.

    To read more about the U.S. VISIT Program, please visit the following article on the True, Walsh & Miller web site: http://www.twmlaw.com/resources/usvisit.html See also http://www.dhs.gov/interweb/assetlib...dFactSheet.pdf

    2. Immigration Agency to Revise Naturalization Test

    The U.S. Citizenship and Immigration Services (CIS) hopes to revamp its naturalization test by 2006. The exam, designed for applicants to display their English abilities and knowledge of U.S. history and government, has been criticized for producing inconsistent results. The current history test consists of ten questions randomly picked from a pre-approved list of questions. The English section requires applicants to read a sentence aloud and write a sentence of dictation.

    The new test, designed by a collection of civic experts, educators and groups that aid immigrants, will test more necessary and useful English, history and government skills. The English section will test, among other things, conversational ability, the ability to understand simple directions, and how respond to warnings. The history exam will test the applicant's knowledge of momentous events in U.S. history, such as the Revolutionary War.

    The CIS will introduce the revised test in two stages. The first step will be a pilot program throughout 2005 in which several cities will administer the test. The second phase will be national implementation in 2006. Applicants who fail the pilot test will be able to take it a second time with no extra fee. The CIS is also preparing study guides to help applicants prepare for the test.

    For more information about the new exam please see: http://uscis.gov/graphics/services/natz/NatzTesting.pdf

    3. State Dep't Updates Visa Internet Site

    The State Department's Bureau of Consular Affairs has recently updated its web site, http://travel.state.gov/, to become more user-friendly, adding navigational tools and overhauling its image. Users of this web site should be warned that their bookmarks may need to be updated to reflect changes on the site.

    The Bureau also added increased functionality to its web-site, introducing the Internet Based Registration System (IBRS) which allows U.S. citizens to electronically register themselves, their itineraries, and contact information in case of an emergency. This information will allow the State Department to update registrants on safety issues when they are abroad and to more easily locate them if necessary.

    For information about the IBRS please visit: https://travelregistration.state.gov/ibrs/

    4. Labor Dep't Proposes Centralized Labor Certification Processing

    In an attempt to reduce the backlog of nearly 300,000 applications for permanent labor certification, the Department of Labor (DOL) has proposed a rule that would allow the agency to transfer pending applications to a "non-State centralized processing site." Currently, both the State Workforce Agency (SWA) and the Employment and Training Administration (ETA) handle their functions in the labor certification process separately. SWA handles the initial stages of processing and the ETA handles the denial and certification process.

    The ETA recently funded a study to assess ways to reduce the current backlog. The researchers found that centralized processing would substantially reduce the backlog. An ETA pilot program testing this concurred with the study's finding. THE DOL is proposing this as an amendment to the interim rule in which PERM was initially suggested. PERM is DOL's proposed electronic filing system designed for automated processing of labor certification applications. The DOL expects PERM and centralized certification processing to reduce labor certification processing times.

    5. Immigration Agency Grants Extension of Stay for Some Foreign Students

    The Department of Homeland Security (DHS) published a rule in the Federal Register on Friday July 23 to help nonimmigrant students on F and J visas caught in the H-1B "cap gap." This rule will benefit F or J visa students who are applying for a change of status to H-1B and whose status will run out before October 1. The new rule allow such students to remain in status until October 1.

    While this rule looks promising there are several limitations. First, the DHS must receive a timely-filed request for a change of status by today (July 30). Second, while F and J students can stay in the United States until October 1, they can not work for their H-1B employer until that date. Finally, if the H-1B petition is denied, the F or J student's statues will be terminated as of the date of the denial and they will be expected to leave the country immediately.

    For an article on the True, Walsh & Miller web site summarizing the new rule see: http://www.twmlaw.com/resources/noni...t/fjhelph.html

    6. Immigration Agency to Change Photograph Requirements

    The U.S. Citizenship and Immigration Services (CIS) recently announced that it will soon change photograph requirements for some documents. Currently many of their documents require photographs that meet Alien Documentation, Identification and Telecommunication (ADIT) requirements. The CIS now intends to change over to requiring passport-style photographs on all of their documents instead of ADIT-style photographs. The major difference between these two styles is that ADIT-style photographs display their subjects at a 3/4 frontal position; passport photographs are taken of a full frontal position.

    According to a recent CIS e-mail, the CIS is considering accepting both styles of pictures until September 1. After this date the CIS may begin issuing requests for evidence for incorrect photograph poses. However, official changes to the photograph requirements have yet to be issued by the immigration service.

    For a complete list of passport photograph specifications, please see:
    http://travel.state.gov/passport/pptphotos/index.html

    7. A Reminder to Keep Pay Stubs and Tax Returns

    Pay stubs and tax returns may be vital in proving legal status when petitioning for an employment-based visa. Often the immigration agency specifically asks for these documents, which prove that: (1) the worker is indeed getting paid; (2) they are getting paid by the correct employer; and (3) they are getting paid the correct wage. Considering how important these documents can be, we urge you to keep track of your pay stubs and tax returns.

    8. InfoPass Officially Opens in New York City

    As part of its backlog reduction strategy, the U.S. Citizenship and Immigration Services (CIS) has begun an internet-based appointment system called InfoPass in New York City. InfoPass allows people to electronically schedule appointments with immigration officers. In busy districts like New York City, which served over 350,000 people last year, people waiting to see immigration officials would line up before dawn to ensure they had a chance to get assistance.

    CIS Director Eduardo Aguirre touted InfoPass as "another important stride for the [CIS] in our commitment to offer customers first rate service." InfoPass is just one of several innovations designed to improve service. Most notably, the CIS provides an electronic filing system, E-filing, which supports eight of frequently used immigration application forms. By the end of 2006, the CIS hopes to offer 12 forms, which account for 90% of the applications filed yearly. Applicants are also able to check their statuses electronically and receive e-mail updates when their status changes.

    InfoPass began as a pilot program in Miami. According to Director Aguirre, after its inception there were dramatic decreases in waiting times for customers. InfoPass is expected to be extended to 21 more cities within the next month.

    To find out more about the CIS' backlog reduction plan please see:
    http://www.twmlaw.com/resources/news7_6_04.html

    9. State Dep't Announces Diversity Visa Results

    The State Department has notified this year's winners of the diversity visa green card lottery for fiscal year 2005. The diversity green card lottery program makes available 50,000 immigrant visas each year to people from countries with low rates of immigration to the United States. 100,000 people were notified to ensure that all 50,000 green cards are used. 9.5 million people applied. Winners of this year's visa lottery can begin actually applying for their green cards October 1, when fiscal year 2005 starts.

    To qualify for the diversity visa lottery, applicants must have at least a high school education or its equivalent and be a citizen in a country with low rates of immigration to the United States. Once all 50,000 green cards have been used, the program for fiscal year 2005 will end.

    The State Department's announcement about the results of the DV-2005 visa lottery are at: http://travel.state.gov/visa/immigra...iversity2.html For general information about the diversity visa green card lottery go to: http://travel.state.gov/visa/immigra...diversity.html

    10. Foreign Health Care Professionals Get an Extension of Stay

    The U.S. Citizenship and Immigration Services has published a rule extending the deadline by which certain health care workers from Canada and Mexico must obtain health care certification. The rule only applies to health care workers who were employed as "trade NAFTA" (TN) or "trade Canada" (TC) nonimmigrant health care workers and who held valid licenses from a U.S. jurisdiction before September 23, 2003.

    The new rule stems from a prior rule issued in July 2003 that required all foreign health care workers to comply with certain certification requirements. This certification comes from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or the equivalent credentialing organization and verifies that the worker meets certain education, training, licensure and competency requirements for that profession. The July 2003 rule included a transition period during which affected workers who had not yet obtained certification could receive a waiver to allow them to continue living and working in the United States. This transition period would have ended July 26, 2004. The new rule extends that date for another year, to July 2005.

    For more on visas for foreign nurses, visit the following article on the True, Walsh & Miller web site: http://www.twmlaw.com/resources/freignnurses.html

    11. New Articles on Our Web Site

    We have posted a new article on our web site regarding immigration enforcement since 9/11: http://www.twmlaw.com/resources/9_11art.html



    --------------------------------------------------------------------------------
    The contents of these web pages are provided for general informational purposes and do not constitute legal advice for specific cases, which should only be obtained from an attorney.

    --------------------------------------------------------------------------------
    Copyright 2004 True, Walsh & Miller, LLP. Attorneys at Law
    The Commons, 202 East State Street, Ithaca, New York 14850

    phone: 607-273-4200, fax: 607-272-6694, E-mail: twm@twmlaw.com

Similar Threads

  1. Replies: 0
    Last Post: 06-21-2012, 09:07 AM
  2. Dennis Miller Tells The Truth
    By federale86 in forum Immigration Discussion
    Replies: 1
    Last Post: 01-09-2011, 09:55 PM
  3. what is adam walsh law
    By said in forum Immigration Discussion
    Replies: 3
    Last Post: 02-25-2007, 05:14 PM
  4. Replies: 11
    Last Post: 01-24-2006, 05:47 AM
  5. Read that one...latest news INS ...
    By in forum Immigration Discussion
    Replies: 6
    Last Post: 08-27-2002, 05:43 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: