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Immigration news archive

May 2002

Old Mexican Border Crossing Cards to Expire October 1, 2002
Congress has included a provision in the Enhanced Border Security Act that will require the new biometric crossing cards as of October 1, 2002. Read on for the INS press release.
Update on Asylee Adjustment Cases
The INS encourages all asylees who have pending adjustment of status cases filed on or before June 9, 1998 to call to verify their current address and check their case status. Read on for the INS press release with more information.
DOS To Raise Fees
The Department of State will raise its fees for Consular services on June 1, 2002. The changes will include the nonimmigrant visa application, which will increase to $65 from its current $45. Read on for the DOS press release.
Taliban Passports No Longer Valid
The Afghani goverment has determined that passports issued from September 1996 to October 2001 while the country was under Taliban control are no longer valid. Read on for the State Department Memorandum.
Social Security Mismatch Letters
Many employers have recently received letters from the Social Security Administration stating that the SSNs for some of their workers do not match and asking the employers to correct discrepancies. What are the immigration-related implications of such letters? Read on.
Contact by Certified Mail Required for Labor Certification Cases - Another BALCA Decision
This is a reminder to businesses working on labor certifications for their employees to make sure they use certified mail, return receipt requested, for all contacts with applicants who applied to ads placed within the RIR period. One more case, Y.H. Park Olympic Taekwondow, Inc., which was decided by BALCA this year, affirms a denial of a labor cert due to the lack of records of certified letters. Read below for case details and cites.
Border Security and Visa Entry Reform Act Signed Into Law
President Bush signed the Border Security and Visa Entry Reform Act on Tuesday. He praised the Congress for passing the legislation, but stated his disappointment that an extension of 245(i) was not included. Read on for Mr. Bush's comments.
Update on Section 245(i)
Senator Daschle (D-SD), the Senate Majority leader, introduced the Uniting Families Act of 2002 that extends Section 245(i). Under this measure, the filing deadline would be extended until April 30, 2003, and people still would have had to be physically present in the U.S. on December 21, 2000.
Congress passes Security and Visa Reform Bill
The Senate and House have passed the Enhanced Border Security and Visa Entry Reform Act that is intended to deter terrorism and improve security. Read on for AILA's press release praising the Congress's efforts.
Proposed New "PERM" Rule for Labor Certification Process
On May 6, 2002, the DOL published its porposed "Perm" Rule for Labor Certicications. The rule, if adopted, will eliminate the SWAs review (except prevaiing wage) and will provide for a faster federal review for most of the apllications. Substantively, the process remains similar to current RIR. The rule is subject to comments until July 5, 2002 I do not even want to guess re. date of implementaion. Please see below a summary of the proposed rule.
Update on Visa Revalidation/Reissuance
AILA's State Department Liason Committee reported rejections of revalidation visa application based on Visa Condor check. H-1B and H-4 holders together with other eligible visa holders should take into consideration this additional possible hurdle when planning to apply for revalidation. Read further for details.
Effects of INS's Zero Tolerance Policy
The new Zero Tolerance policy may make many benched or terminated H-1B who found new employers after falling out of status, not be eligible for extension or change of status. While the policy applies to all visa categories, it is the recently terminated H-1Bs who may be subjected to the most serious conseqences "en mass". Read Mira Mdivani's commen below.
 
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