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INS
Status Goes Online
INS has long provided telephone numbers to check the status of cases
pending at Service Centers. Unfortunately,
the phones are always busy during working hours. Now there is a web site that provides the same
information. INS promises to update the site "several times
a day" with current
status. Get out the file
numbers of cases you wish to check and click https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp
House Bill Would Allow 7th Year H
if Labor Cert Pending; Relief for Investors and Physicians also
Congress enacted legislation in 2000
that would allow an extension of an H-1B beyond the 6-year limit
if a labor certification were filed 1 year before the H-1B limit
is reached. However, if
the Department of Labor had not approved the labor certification,
most applicants would have to leave the US at the end of the 6th
year. The House just passed
a bill (on September 26, 2002) that would allow 1-year extensions
beyond the 6th year even if the labor certification has not been
decided. The extension would end if the labor certification were denied.
The bill also provides relief to
certain investors under the EB-5 program that may make that program
more meaningful.
The Conrad State 20 program allowing
certain foreign physicians relief from inadmissibility resulting
from participation in graduate medical training in J-1 status would
also be extended and expanded. The bill provides an extension to 2004 and
expansion to 30 visas per state, instead of 20 per state.
The Senate is expected to pass the
bill this week and the President is expected to sign it if it passes.
Export Controls and Immigration
Our high technology corporate clients
are well aware of Export Controls that preclude them from shipping
sensitive technology such as encryption and super computer technology
to countries on a proscribed list.
Prohibited exports can result in substantial fines and jail
sentences. Less known is
the fact that employing nationals of these countries involving such
technology is "deemed export " of the same technology. Often it is possible to get a license authorizing
such employment, but this requires careful planning. Up until now, this has not been much of an
issue. As a result of 9-11
fever, however, consuls abroad and the INS are beginning to deny
H-1B visas where the employment is thought to violate export control
laws.
Schools Must Re-Register for Authority
to Issue I-20s
All schools currently approved for
attendance by nonimmigrants are required to apply for INS review
for continuation of approval as well as access to SEVIS no later
than January 30, 2003. SEVIS is the electronic program that will
be used to monitor the attendance of foreign students by requiring
schools to report their failure to register or attend on a full-time
basis. The present approval of any school that has not filed for
enrollment in SEVIS by January 30, 2003 will automatically be withdrawn
on January 31 and the school will not be allowed to accept foreign
students. Schools must electronically complete a Form I-17 (Petition
for Approval of School for Attendance by Nonimmigrant Student) in
SEVIS and submit a certification fee of $580 by November 15, 2002.
Any school wishing to admit new foreign students or issue
new forms for existing students must be using SEVIS by January 30,
2003. Schools that file
petitions after November 15, 2002 may delay their approval and ability
to electronically submit data on new students as required. Flynn & Clark anticipates assisting a number
of schools through the re-registration process.
Update on Concurrent Filing of I-140/I-485
We have started using the new procedure
which allows I-485 Adjustment of Status to Permanent Residence applications
without awaiting approval of the I-140 employment-based preference
petition. Here is what we have found. The
procedure is taking months off the time it takes to get employment
authorization. INS is adjudicating
the I-140 and accompanying applications for work authorization and
parole as soon as they get them.
The I-485 (adjustment of status application) is being held
for later processing. In fact, we are finding that I-140 petitions
filed with I-485s are being adjudicated faster than I-140s filed
alone! We still advise our Massachusetts clients to
request employment authorization and advance parole (travel permission
for a permanent residence applicant) at the local District Office
that can process these applications faster.
This has been a great relief for many clients reaching the
end of their 6 years in H-1B status.
Visa Delays
Security clearance requirements,
particularly special requirements for people from many Muslim countries,
are resulting in long delays in obtaining visas - sometimes delays
of several months. The State Department has recently issued a press release promising
to try and issue clearances faster, in 3-4 weeks. This improvement
is thought to be a direct result of pressure from the Saudi Crown
Prince in response to attempts to add Saudi citizens to the Special
Registration requirements. Clients traveling abroad who have changed
status and not previously traveled, or whom otherwise need a visa,
should continue to anticipate potential delays due to the need to
process security clearances.
Special Registration Requirements
Effective September 11, 2002, nationals
and citizens of Iran, Iraq, Libya, Sudan and Syria entering the
United States as nonimmigrants must be photographed and fingerprinted.
The individuals must also provide information about their
employment and activities in the US.
Visitors from such countries remaining beyond 30 days must
also register. Other individuals
may be added to the list based on security information.
However, thanks to the efforts of the Saudi Crown Prince,
Saudi citizens will not be required to register solely based on
their nationality. Effective
October 1, 2002 persons subject to special registration must depart
from a designated port and first report on their employment and
activities in the US. Failure
to do so renders them inadmissible in the future.
For further information, see http://www.ins.usdoj.gov/graphics/lawenfor/specialreg/index.htm
Visa Lottery Reminder
Those wishing to receive one of the
50,000 " Green Cards " being given away at random during the next
fiscal year (beginning October 1, 2003) should register their interest
with the State Department by first class mail arriving between Noon
on October 7, 2002 and Noon on November 6, 2002.
While no particular application form is required, entries
must include certain information, be personally signed, and include
a photograph. Instructions are attached for those who missed
them in last month ' s update.
See also the Department of State website at http://travel.state.gov/DV2004.html
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INS Stops Processing Files
No, Congress has not yet abolished
the INS. The INS, however, is conducting its 3rd annual audit.
As of September 27 all file movement has ceased at the Vermont
Service Center (VSC) and other Centers are following suit.
VSC expects the audit to continue through October 8, resulting
in delays issuing approval notices of all applications except for
those filed under Premium Processing.
Flynn & Clark Hires
We
are pleased to announce the hiring of Jordana Hart as immigration
paralegal. Jordana was the
City Weekly editor of the Boston Globe where she worked for 11 years.
She has more than 4 years of experience as an immigration
paralegal and holds degrees from Brandeis (BA, cum laude) and Boston
University (MS Journalism) where she has been a faculty member. Jordana is currently a student at Suffolk University
Law School. She is fluent
in French and Spanish
Jobs
at Flynn & Clark:
Flynn
and Clark is seeking a paralegal with a minimum of one year of business
immigration experience should you know of any qualified candidates.
AR-11 Reminder Every alien - including permanent residents and children
14 years or older - is required to report address changes to the
INS using Form AR11. You can find the form, and fill it out at:
http://www.ins.gov/graphics/formsfee/forms/ar-11.htm
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