June 2001

Supreme Court Upholds Habeas Corpus Review

The U.S. Supreme Court upheld the right of non-citizens facing removal to seek review in the federal courts of final removal orders, even if convicted of crimes. This decision will have a wide-ranging impact for relief for those facing removal and deportation.

H-2As Suspended from Premium Processing Program

The INS advised the American Immigration Lawyers Association on Thursday, June 21, that it is temporarily suspending eligibility for the premium processing program for H-2A agricultural worker petitions.

All Employment -Based Immigrant Visa Categories Are Current in July

Department of State advised on Tuesday, July 12th that all employment-based immigrant visa categories are current for all countries. This means that our EB-3 clients can proceed with their adjustment of status or consular processing. This is great news. Please log on to Visa Bulletin for more information.

Employment-Based "Other Worker" Category May Become Current

Charles Oppenheim of the State Department has advised that it is "highly probable" that the "other worker" subcategory of the employment-based third preference will become current in July.

INS Releases H-1B Count

The INS has advised AILA that, as of May 23, 2001, it had approved 117,000 H-1Bs toward the cap and had another 40,000 cap-subject H-1Bs pending. The overall H-1B quota for this fiscal year, which ends September 30, 2001, is 195,000. It is estimated that 38,000 slots are still available for new petitions for this fiscal year.

INS Asylum Office: cut off dates

The INS Asylum Office has set the current cut-off dates for adjustment of status processing for asylees at Jan. 16, 1998. Cut off dates are set at the beginning of each fiscal year. The next cut-off date is expected to be announced on Oct. 1, 2000.