Home > 2008 > 01 > 08

USWorkVisa.com News Archive
for January 8th, 2008

January Headlines

  1. Fees Raised for Nonimmigrant, Immigrant Visa Applications; BCCs
  2. Rhetoric on Support for Science Doesn’t Match Reality of Appropriations
  3. Department of State To Begin Issuing Passport Cards
  4. Revised I-9 Verification Forms Now Required
  5. Department of State Expands Fingerprinting and Name Checks
  6. Oral Declarations of Citizenship No Longer Sufficient At Land, Sea POEs
  7. State Dept. Issues Final Rule on Exchange Visitor Program Sanctions, Terminations
  8. India Second Preference Cut-Off Date Retrogresses
  9. Around the States: Illinois, Arizona, REAL ID/WHTI Update
  10. DHS Publishes Semiannual Regulatory Agenda

Fees Raised for Nonimmigrant, Immigrant Visa Applications; BCCs

The Department of State has published an interim final rule (PDF, HTML version), effective January 1, 2008, that raises from $100 to $131 the fee charged to process an application for a nonimmigrant machine-readable visa (MRV) and Border Crossing Card (BCC). Applicants who paid the prior $100 application fee before January 1 will be processed only if they are scheduled and appear for a visa interview on or before January 31. Applicants who paid the prior $100 application fee and appear for visa interviews after January 31, 2008, must pay the difference ($31) before they will be interviewed. The rule also increases the immigrant visa fee by $20, to $355.

The Department said it is adjusting the fees “as an emergency measure to ensure that sufficient resources are available to meet the costs of processing nonimmigrant and immigrant visas in light of increased security measures put in place since 2004 and fee collection mandates on behalf of the Federal Bureau of Investigation.” The primary reason for increasing the fees, the Department noted, is that in January 2008, the Department “will begin paying fees to the FBI for checking the fingerprints against the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) and for running visa applicant names through Security Advisory Opinion (SAO) processes.”

The estimated total increase in cost for nonimmigrant visa applicants is $310 million ($31 per applicant, with an estimated 10,000,000 applicants). The estimated total increase in cost for immigrant visa applicants is $14 million ($20 per applicant, with an estimated 700,000 applicants).


Rhetoric on Support for Science Doesn’t Match Reality of Appropriations

The appropriations bill (H.R. 2764) signed into law by President Bush on December 26, 2007, included what some observers are calling meager funding for advances in scientific research rather than the more substantial increases that had been expected. “[W]hat began as a year of soaring rhetoric in support of science seems likely to end with agency officials and research advocates shaking their heads and wondering what went wrong,” said the American Association for the Advancement of Science (AAAS). Read the rest of this entry »


Department of State To Begin Issuing Passport Cards

To be “responsive to the needs and concerns of the border communities and to facilitate the travel of border community residents,” the Department of State has finalized a proposed rule issued in October 2006 providing for a card-format passport as a less expensive and more portable alternative to the passport book.

The final rule (PDF) explains that the passport card does not need to be signed to be valid, whereas the passport book requires a signature to be valid. In addition, it makes clear that those requesting and eligible for a no-fee passport will receive a passport in book form only. Read the rest of this entry »


Revised I-9 Verification Forms Now Required

U.S. Citizenship and Immigration Services (USCIS) reminded employers that they should have transitioned to using the revised Employment Eligibility Verification Form (I-9) & Instructions. The revised I-9, which includes the revision date (Rev. 06/05/07)N printed on the lower right corner of the form, is now the only version valid for use. Effective December 26, 2007, employers who fail to use the revised form are subject to applicable penalties.

The revised formand accompanying instructions are available for download. The “Handbook for Employers, Instructions for Completing the Form I-9″ is also available (PDF). The reminder can be downloaded in PDF.


Department of State Expands Fingerprinting and Name Checks

The Department of State has issued a final rule (PDF) on documentation of nonimmigrants entering the U.S. Specifically, the Department has begun performing fingerprint and name checks on all visa applicants except those falling within a narrow range of exceptions. Fingerprints are now required of all visa applicants except those under the age of 14 or over the age of 79 and certain diplomats and officials. Beginning on January 1, 2008, the cost of such checks is included in visa fees, including the fees for nonimmigrant visas.


Disclaimer

Nothing on these pages should be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. For legal advice, please contact one of our attorneys.

All content is copyrighted by Mark Ivener of Ivener & Fullmer LLP. All rights reserved. No portion of this site may be duplicated without permission. All services relating to immigration and naturalization provided by Ivener & Fullmer LLP are provided by active members of the State Bar of California or by a person under the supervision of active members of the State Bar of California.

NOTE: All images (except that of Mr. Mark Ivener and Mr. David Fullmer) on this site are stock images (credit: iStockPhoto.com) and do not represent the attorneys and/or clients of Ivener & Fullmer LLP.

Ivener & Fullmer LLP is an immigration and naturalization law firm, with offices in Los Angeles, California; New York City; Tokyo, Japan; and Vancouver, Canada. Attorneys Mark A. Ivener and David R. Fullmer assist corporate and individual clients with non-immigrant visas (E-1/E-2, H-1B, H-2B, H-3/J-I, L-1A, L-1B, O-1, P-1 and TN); immigrant visas; and compliance work (I-9, H-1B, Social Security no-match letter audits).