USWorkVisa.com News Archive
for the ‘Adjustment of Status’ Category

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H-1 nonimmigrants affected by this rule include those under the H-1B classification for specialty occupation workers and the H-1C classification for certain registered nurses. L-1 nonimmigrants affected by this rule include those under the L-1A classification for certain intracompany transferees who are managers or executives, and the L-1B classification for specialized knowledge workers. Dependents of affected H-1s and L-1s, who are admitted as H-4s and L-2s, are also relieved of the receipt requirement.

USCIS also noted that H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt from the advance parole requirement. Previously, they were required to present a receipt for their adjustment application at the time of readmission to the U.S. following foreign travel. The final rule eliminates the “unnecessary burden” of presenting this receipt, USCIS said, because the information in the receipt is in USCIS databases available to immigration inspectors and adjudicators. Upon application for readmission to the U.S., they still must provide evidence to a U.S. Customs and Border Protection (CBP) Inspector at the port of entry that they are:
? Still eligible for H-1 or L-1 status,
? Coming to resume employment with the same employer for whom they were previously employed, and
? In possession of a valid H-1 or L-1 visa, if required.
In the case of H-4 or L-2 dependents, the spouse or parent through whom they received their H-4 or L-2 status must meet the above requirements and the dependent must remain eligible for admission in H-4 or L-2 classification.

The full text of the final rule is available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-21506.pdf.

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USCIS also recently posted and then withdrew an announcement that it would take offline for maintenance its e-filing system and posted the new I-485 application form to reflect higher fees, despite the dispensation to file at the old fee through August 17.

Meanwhile, Rep. Zoe Lofgren (D-Cal.) introduced a bill on July 30, 2007, to void the increases in immigration fees. The bill, which would reinstate the previous fee structure, states that USCIS has failed to reduce application backlogs and has suffered from a lack of transparency and effective management. “Our immigration services need to move into the 21st century,” Rep. Lofgren said. “But USCIS has consistently failed to explain or justify the amounts and distributions of this new fee increase. While I agree that USCIS needs to modernize its existing infrastructure and procedures, they must do so in a transparent and open manner. After repeated requests over several months, USCIS has yet to provide Congress with a detailed plan for its infrastructure modernization efforts. Our immigration system should be both effective and fair; sacrificing one to achieve the other should not be an option.”

The new fee schedule that became effective on July 30, 2007, applies to all other applications filed on or after July 30, 2007. Overall, application and petition fees have increased, on average, about 66 percent. The new fee schedule is available here. Information on the exception under Visa Bulletin #107, also see this press release (PDF). Rep. Lofgren’s press release announcing the new bill is available at http://lofgren.house.gov/PRArticle.aspx?NewsID=1819.

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