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U.S. Citizenship and Immigration Services (USCIS) has revised the Application for Employment Authorization (Form I-765) to obtain supplemental evidence from foreign physicians with national interest waivers (NIWs). The revised form also reduces the number of reasons for filing.
On February 22, 2007, in Perez-Vargas v. Gonzales, the U.S. Court of Appeals for the Fourth Circuit ruled that applicants with pending adjustment of status applications can exercise job portability while in removal proceedings.
As part of the forthcoming notice of proposed rulemaking on the Western Hemisphere Travel Initiative (WHTI), the Department of Homeland Security (DHS) plans to propose significant flexibility on requirements for travel documents for U.S. and Canadian children entering the U.S. via land or sea ports. The proposal would allow U.S. and Canadian citizen children 15 and under, with parental consent, to cross the border at land and sea ports with a certified copy of their birth certificate as an alternative to a passport or other WHTI-compliant identity document. Also, U.S. and Canadian citizen children, ages 16 through 18, traveling with public or private school groups, religious groups, social or cultural organizations or teams associated with youth athletics organizations would be able to enter at land or sea ports under adult supervision with a certified copy of their birth certificate.
On February 22, 2007, undocumented workers in 18 states were swept up in a U.S. Immigration and Customs Enforcement and Internal Revenue Service investigation of Rosenbaum-Cunningham International, Inc. (RCI), a cleaning service. RCI co-owners were charged with various fraud, immigration, and tax charges in a 23-count indictment. The estimated 200 janitors were nabbed at 63 locations, including the House of Blues, Hard Rock Café, ESPN Zone, Planet Hollywood, and others.
Such immigration raids are “not a humane or pragmatic way of solving an economic problem, let alone a social problem,” said Angelo A. Paparelli of Paparelli & Partners LLP, adding that he believes in a comprehensive solution rather than a piecemeal approach.
ICE’s announcement is posted here.
The Department of State (DOS) notes in the Visa Bulletin for March 2007 that little if any forward movement in the employment third preference category is expected in the near future. Recent discussions with both U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor indicate, the DOS said, that the demand for numbers with pre-August 2002 priority dates is likely to be extremely high in the coming months as both agencies continue to work on their backlogs. This could easily cause a retrogression of the current employment third preference cut-off dates if that demand begins to materialize at USCIS offices during the spring and summer months.