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USWorkVisa.com News Archive
for October 1st, 2008

October Headlines

  1. Employment Visa Categories Backlogged
  2. DV-2010 Visa Lottery Entry Period Begins
  3. EAD Delays: What To Do?
  4. SEVIS Fees Increasing October 27, ICE Clarifies Procedures
  5. Congress Extends Four Immigration Programs until March 2009
  6. Travel May Be Risky While Adjustment Application Is Pending, Recent Case Shows
  7. USCIS Reminds About ‘Flexibilities’ When Travel Is Delayed Unexpectedly
  8. Naturalization Form Added To Direct Mail Program
  9. Ninth Circuit Upholds Arizona Law Targeting Employers Hiring Undocumented Workers
  10. USCIS Extends TPS for Nicaraguans, Hondurans, El Salvadorans; Only Updated TPS Forms Will Be Accepted
  11. New Naturalization Test Implemented; USCIS Updates Processing Times

Employment Visa Categories Backlogged

The October 2008 Visa Bulletin disseminated by the Department of State’s Visa Office notes that the May 2008 Visa Bulletin had stated that many employment cut-off dates had been advancing very rapidly, based on indications that U.S. Citizenship and Immigration Services (USCIS) would need to review a significantly larger pool of applicants than there were numbers available to maximize number use under the fiscal year (FY) 2008 annual limits. The May Bulletin also stated that if the USCIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY 2008. USCIS estimates have proven to be very high, the October Bulletin notes, resulting in (1) the unavailability of all employment third preference categories beginning in July, (2) the unavailability of visa numbers for China and India employment second preference adjustment of status cases during September, and (3) the establishment of many October employment category cut-off dates that are earlier than those that applied during FY 2008. Read the rest of this entry »


DV-2010 Visa Lottery Entry Period Begins

The DV-2010 Lottery online entry period runs from noon EDT on October 2, 2008, to noon EST on December 1, 2008. For DV-2010, Russia has been added back to the list of eligible countries. Kosovo was also added. No countries have been removed from the list of eligible countries.

Information and instructions for the DV-2010 lottery are available.

Employers concerned about delays for workers caught in the EB-3 backlog (see prior story) may wish to encourage such employees to file for the DV lottery.


EAD Delays: What To Do?

U.S. Citizenship and Immigration Services’ ombudsman has been receiving numerous inquiries about employment authorization document (EAD) applications pending more than 90 days. USCIS regulations require the agency to approve EAD applications within 90 days, but that is not happening in some cases. The USCIS ombudsman recommends the following steps: Read the rest of this entry »


SEVIS Fees Increasing October 27, ICE Clarifies Procedures

U.S. Immigration and Customs Enforcement published a final rule effective October 27, 2008, that increases the Student and Exchange Visitor Program (SEVP) school certification petition fees and the application fees for nonimmigrants seeking to become academic (F visa) or vocational (M visa) students, or exchange visitors (J visa). Read the rest of this entry »


Congress Extends Four Immigration Programs until March 2009

Congress has extended four immigration programs that were due to expire this fall: the EB-5 immigrant investor regional center program; the E-Verify program, which allows employers to electronically verify an employee’s work eligibility; the religious worker visa program; and the Conrad State 30 program for certain foreign doctors who work in medically underserved areas. The EB-5 regional center and E-Verify programs were included in H.R. 2638, a bill that funds the federal government for the next several months. The religious worker and Conrad State 30 programs were passed in separate bills (S. 3606 and H.R. 5571, respectively). All four extensions last until March 6, 2009.


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.

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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).