Monthly Archives: July 2008

E-Verify – The Clock to Renew Is Ticking

The E-Verify program, as we know it and have used to love it or hate it now, is set to expire on November 1st. E-Verify and its requirements to verify the employment eligibility for all new hires is the cornerstone of many states' immigration enforcement laws. For example, South Carolina and Arizona require all or a large portion of the companies who employ workers to use E-Verify. With the Senate in recess from August 1 until September 7, and target adjournment date of September 26, there are not many days left for Congress to consider the many issues that surround E-Verify. Many senators wish to condition or structure E-Verify's reauthorization with some other immigration measures. Some of the proposed bills are likely to spur a fair amount of opposition and their passage, as proposed, is not guaranteed. Until then, E-Verify is still operational, but the limited calendar and the desire of the U.S. congressmen to push alternative immigration measures alongside E-Verify may mean that its renewal will be down to the wire. The E-Verify program, as we know it and have used to love it or hate it now, is set to expire on November 1st. E-Verify and its requirements to verify the employment eligibility for all new hires is the cornerstone of many states' immigration enforcement laws. For example, South Carolina and Arizona require all or a large portion of the companies who employ workers to use E-Verify. With the Senate in recess from August 1 until September 7, and target adjournment date of September 26, there are not many days left for Congress to consider the many issues that surround E-Verify. Many senators wish to condition or structure E-Verify's reauthorization with some other immigration measures. Some of the proposed bills are likely to spur a fair amount of opposition and their passage, as proposed, is not guaranteed. Until then, E-Verify is still operational, but the limited calendar and the desire of the U.S. congressmen to push alternative immigration measures alongside E-Verify may mean that its renewal will be down to the wire. We at the Capitol Immigration Law Group will continue monitoring the situation on behalf of our clients and report as we get updates. To receive timely updates please visit this site regularly, subscribe to its RSS feed, or subscribe to our email newsletter.

By |2017-05-20T21:49:48-04:00July 31st, 2008|News|

Neufield Memo on 180-day Adjustment of Status Bar Exemption

Section 245(a) of the Immigration and Nationality Act (INA) allows for the adjustment of status (I-485) which so many of our clients and readers are well familiar. Section 245(c) of the INA establishes eight (8) bars to adjustment of status. However, adjustment of status based on employment-based immigrant visa are exempt from three of these bars, pursuant to Section 245(k). In a July 14, 2008, Memorandum, Donald Neufeld seeks to explain the applicability of these exemptions and provide details and clarifications on the applicability of the exemptions and the adjudication procedures. Please read the full article for details on the July 14, 2008, Memorandum and analysis on its implications.

By |2017-05-20T21:49:48-04:00July 31st, 2008|News|

H2-B Cap Reached

On July 30, the USCIS announced that it has reached the H-2B cap for the first half of the fiscal year 2009.  According to this announcement, July 29, 2008 is the “final receipt date” for H-2B petitions.  All petitions received after July 29, 2008 for H-2B with starting date of April 1, 2009 will be [...]

By |2008-07-31T08:30:59-04:00July 31st, 2008|News|

Electronic System for Travel Authorization Screenshots

We have written about the upcoming new system for pre-registration of travelers of visa waiver countries coming to the U.S. Under the new system, all travelers will be required to complete a pre-registration via an online system before departing for the U.S. There will be a period of several months in which the system will be functional, yet completion of the information will be optional. It is expected that beginning January 2009 such pre-registration will be mandatory for all visa waiver country travelers. The USCIS has now released a series of screenshots indicating the actual operation of the registration website. Please read the full article for more information and for the USCIS-released screenshots.

By |2017-05-20T21:49:48-04:00July 24th, 2008|News|

H-2B Numbers Update – Cap Limit is Near

USCIS updated the H-2B cap numbers as of July 21st.  As of that date, there have been 29,234 petitions counted towards the 33,000 cap for the first half of the fiscal year.  With the current rate, the H-2B cap is expected to be reached within a week or so.

By |2008-07-24T08:40:55-04:00July 24th, 2008|News|

Updated List of SEVP Schools

The first step which must be taken by an F-1 student who wishes to apply for OPT renewal pursuant to the 17-month extension rule is to ensure that his or her school is on the list of SEVP schools which are authorized to issue 17-month OPT extensions. The Immigration and Customs Enforcement (ICE) has released an updated list of SEVP schools. Please read the full article for the updated SEVP schools list.

By |2008-07-21T15:36:14-04:00July 21st, 2008|News|

Receipt Numbers Explained (LIN, SRC, EAC, WAC)

The receipt number is one of the most commonly used numbers, by immigrants and lawyers alike, to track the progress or identify a particular immigration case or filing. These receipt numbers start with three letters and follow by a series of numbers, for example EAC-06-123-45678. Please read the full article on more information about the USCIS receipt numbers.

By |2017-05-20T21:49:48-04:00July 21st, 2008|News|

Update on Limited I-140 Premium Processing

We wrote earlier about the availability of limited I-140 premium processing filings. It is only available to certain H-1B holders who "H-out" of their status and for whom the only way to remain on H-1B status would be a I-140 premium processing filing. The USCIS has now commented on some of the limitations on the I-140 premium processing program and has provided some guidance and clarification on which types of I-140 are eligible for premium processing. Please read the full article for further details.

By |2008-07-21T09:54:26-04:00July 21st, 2008|News|

Update on H-2B Visa Count

USCIS has provided two recent updates on the numbers on the H-2B visa count. The two recent updates are useful because it allows us to sample the rate at which H-2B visa numbers are being used. The July 1 announcement stated that the H-2B count, as of July 1, stands at 17,305 for the first half of FY 2009. The July 7 announcement stated that the H-2B count, as of July 7, stands at 20,390, an increase of nearly 3,000 over a period of less than a week. It should be noted that the period included the July 4th holiday, so it is safe to assume that the actual filing rate is somewhat higher. The cap for the first half of FY 2009 is set at 33,000, so based on current demand at a rate of 3,000 visa petitions in 6 days, we anticipate that the remaining numbers willbe exhausted some time in August. This expectation assumes that the rate of 3,000 visa petitions per 6 days will not change.

By |2008-07-16T12:27:20-04:00July 16th, 2008|News|

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