The Most Significant Changes in US Immigration Laws
That Took Place in the Past Several Years
I.
Restructuring of the old Immigration and Naturalization Service:
As of March 1, 2003, INS was dissolved into the new Department
of Homeland Security (DHS).
Under DHS, the INS was split into three separate agencies:
The Bureau of Citizenship and Immigration Services (BCIS);
the Bureau of Immigration and Customs Enforcement (BICE);
and the Bureau of Customs and Border Protection (BCBP).
II. Changes to B-Visitor Visa/Status
Changes of duration of stay on B (visitor's) visas.
Starting from April 2002 the minimum admission for 6 months
is eliminated and is replaced with "the amount of time
needed to accomplish the purpose of the visit". Maximum
initial admission is cut from 1 year to 6 months. Moreover,
B-visitors are not allowed to change their status to F-student,
unless they have presented form I-20 to the immigration inspector
notifying him of intention to study in the US . Or, in the alternative,
have notified the consular officer of intent to study at the
time they received the entry visa. Moreover, B-nonimmigrants
are required to wait until their F or M student status is approved
by INS before starting the studying. B-visitors are permitted
now to accept honorarium for participation in a usual academic
activity.
III. Student Visas
SEVIS (Student and Exchange Visitor Information System). The
program requires institutions of higher educations and sponsors
of exchange visitor programs to report to INS information on
their foreign student population. When the program is fully
implemented only those institutions that participate in the
program would be able to produce SEVIS-compatible Form I-20.
Affect: Schools that do not enroll in the SEVIS program (most
likely small or non-accredited schools) would not be able to
produce I-20 form, which is required for obtaining a student
visa. Currently, a significant number of students come to study
in small, in-expensive institutions and are able to receive
visas. It might not be possible in the future.
IV. Travel Outside the US
Travel outside the US for any non-US citizen may involve risks.
The following categories are at risk:
- people who at any time after 1996 remained in the US illegally
or worked without authorization for more than 180 days. These
persons may be inadmissible to come to the US on any type of
visa for 3 years.
- People who remained outside the US for over 1 year become
inadmissible for 10 years.
- People who at any time have committed any criminal offense
in the US (even LPR may find themselves inadmissible after traveling
outside the US for a crime including that they committed over
20 yrs ago).
It should be noted that H-1B and L nonimmigrants whose green
card application is pending and who travel outside the US must
carry with their original I-485 receipt notice, otherwise USCIS
may consider them to have abandoned their Adjustment application.
V. Business Immigration
Portability. AC21 American Competitiveness in the Twenty-First
Century Act Introduced "Portability" concept, which
means that a green card applicant may change employers after
the adjustment application has been pending and was not adjudicated
by INS in the first 180 days from filing. It should be noted
that such a change in employment may take place ONLY if the
new position is "same or similar" as the old position
as it was described in alien's Labor Certification.
Concurrent Filing. USCIS has permitted concurrent filing of
I-140 and I-485 petition. This measure reduces dramatically
overall time of waiting for a green card..
VI. Electronic Filings
USCIS has now developed the technology to accept electronic
filing as an option for the most commonly submitted immigration
forms.
VII.
Removal of LPRs
It should be noted that when a person has obtained permanent
residency (green card) can still be removed (deported) from
the US under certain circumstances. Many of the grounds of deportability
are the same as grounds of inadmissibility (reasons to reject
a green card application). In particular, grounds of deportability
include:
- Crime of Moral Turpitude (w/n 5 yrs of admission);
- Multiple Criminal Convictions (CMT);
- Aggravated Felony;
- High Speed Flight from immigration officer (new: since 1996)
- Drug Offenses;
- Firearm violations;
- Miscellaneous Crimes;
- Crimes of Domestic Violence (new: since 1996) (domestic violence,
stalking, child abuse, violation of protective order)
- Document-Related Crimes: failure to report a change of address,
failure to register, document fraud, false claim to citizenship;
- Security Related;
- Public Charge;
- Unlawful Voting.
VIII. New 'U.S. VISIT System' for Travelers
The system will be in its first phase of operation at international
air and sea ports of entry by the end of 2003. It will function
by taking visitor's fingerprints and photographs and checking
that information, as well as the visitor's names, against a
computerized list of known terrorist and lawbreakers. This program
will also help the Department to keep track of people who overstay
their visas.
IX. New Certification Requirement for Health Care Workers
Under the new rule, which will come into effect on September
23, 2003, certain nonimmigrant foreign health care workers,
other than physicians, who are coming to work in the United
States, will be required to present a certificate granted by
an approved independent credentialing organization before they
will be allowed to enter the United States.
This ensures that all foreign nurses, physical therapists, occupational
therapists, speech-language pathologists and audiologists, medical
technologists, medical technicians and physician assistants
seeking to work in the nation's health care system have met
certain statutory standards. The certification requirement was
mandated by section 343 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996. Although the final rule
takes effect 60 days from today, the DHS will continue to exercise
its discretion under the Act to allow affected nonimmigrant
health care workers sufficient time to obtain the requisite
certification. For one year after publication of the final rule,
the DHS will admit and approve applications for change of status
and/or extension of stay for nonimmigrant health care workers.
X. USCIS
streamlines readmissions for certain H and L nonimmigrants with
pending permanent residence applications
WASHINGTON
-U.S. Citizenship and Immigration Services (USCIS) today published
a final rule in the Federal Register to streamline the readmission
of certain “H” and “L” nonimmigrants who have applied for adjustment
of status to become permanent residents. The rule removes the
requirement that such persons present a receipt notice (Form
I-797, Notice of Action) for their adjustment applications when
returning to the United States from travel abroad.
This
rule benefits certain types of H or L nonimmigrants who have
a pending adjustment of status application. H-1 nonimmigrants
affected by this rule are the H-1B classification for “specialty
occupation” workers and the H-1C classification for certain
registered nurses. L-1 nonimmigrants affected by this rule are
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.
Generally,
adjustment of status applicants must obtain Advance Parole (Form
I -131, Application for Travel Document) from USCIS prior to
leaving the United States or else their applications are deemed
abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents)
are now exempt from this requirement. Previously, they were
required to present a receipt for their adjustment application
at the time of readmission to the United States following foreign
travel. This final rule eliminates the unnecessary burden of
presenting this receipt since the application information in
the receipt is in USCIS databases available to immigration inspectors
and adjudicators.
H-1
and L-1 nonimmigrants (and their dependents) with pending adjustment
of status applications, who are not under exclusion, deportation,
or removal proceedings, are reminded to comply with all other
requirements of the regulations. Upon application for readmission
to the United States , they 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.
For
further information, contact the USCIS National Customer Service
Center at 800-375-5283 or visit the USCIS website: www.uscis.gov
XI.
USCIS reopens comment period on proposed rule for Religious
worker visa classifications
WASHINGTON
—U.S. Citizenship and Immigration Services (USCIS) announced
today that it is reopening the public comment period until
November 16, 2007, on a proposed rule for special immigrant
(SR/SD) and nonimmigrant (R-1) religious worker visa classifications.
The notice extending the comment period is published in
today's Federal Register.
In
addition, the Federal Register notice informs the public
that USCIS will consider comments received between the
close of the original comment period (June 25, 2007) and
November 16, 2007.
USCIS
reopened the record to give interested persons additional
time to review and comment on the proposed rule that highlights
steps to eliminate fraud in the religious worker program
and streamlines the process for legitimate petitioners.
Key
revisions to the proposal, originally published in an
April 25, 2007 Federal Register notice, include an across-the-board
petition requirement allowing USCIS to verify both the
legitimacy of the petitioner and the job offer before
a visa is issued or the worker is admitted to the United
States, and a reduction in the initial period of admission
for a non-immigrant from three years to one.
More
information on the proposed revisions for religious worker
classifications is available in an accompanying Fact Sheet.
The proposal is also available for review at www.regulations.gov
(DHS
Docket #USCIS-2005-0030).
XII.
Backlog ends in permanent labor certification program
DOL
has announced that as of September 30, 2007, the Backlog
in the Permanent Labor Certification program has been
eliminated, with nearly 99% of cases completed and the
remainder awaiting responses from employers. Both of the
Backlog Elimination Centers (BECs) have started a transition
and shutdown phase that will continue through December.
The
BECs will continue to use the general information email
boxes as the communication source for a limited period.
These addresses are: info@dal.dflc.us
(Dallas BEC) or info@phi.dflc.us
(Philadelphia BEC).
The
Backlog Public Disclosure System will continue to be active
until the remaining cases are completed. Case status can
be checked at http://pds.pbls.doleta.gov
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XIII.
USCIS announces new naturalization test
On
September 27, 2007 USCIS announced the 100 questions and answers
that comprise the civics component of the new naturalization
test to be administered beginning October 8, 2007.
USCIS
has posted the 100 new question and answers, the reading and
writing vocabulary lists, a side-by-side comparison of the current
and new test, answers to frequently asked questions and other
information about the new test online at: http://www.uscis.gov/newtest
USCIS
has posted the 100 new question and answers, the reading and
writing vocabulary lists, a side-by-side comparison of the current
and new test, answers to frequently asked questions and other
information about the new test online at: http://www.uscis.gov/newtest
