Alerts and Updates
Recent Developments in Immigration Law
October 2006
- USCIS Begins Premium Processing of Additional I-140 Petitions
- USCIS Nebraska Services Center Provides Clarification Regarding Concurrent Filings
- USCIS Announces Elimination of Naturalization Application Backlog
- USCIS Announces Termination of Temporary Protected Status (TPS) for Nationals of Liberia
Department of State Announces 2008 Diversity Visa Lottery
Duane Morris Immigration Attorneys Update
United States Citizenship and Immigration Services Updates
USCIS Begins Premium Processing of Additional I-140 Petitions
As of September 25, 2006, there are three new types of I-140 petitions for which an employer can request premium processing:
- EB-1, Outstanding Professors or Researchers
- EB-2, Advance Degree Professionals (non-National Interest Waiver (NIW))
- EB-2, Exceptional Ability (non-NIW)
The two original categories will continue to be accepted under the premium processing program:
- EB-3, Professionals and Skilled Workers
- EB-3, Other Workers (less than two years' education, training or experience)
The filing fee remains at $1,000, and the CIS continues to process these cases within a 15-day period for response. Concurrent I-140 immigrant petition and eligible I-485 adjustment of status application filings can still be filed concurrently.
Why consider premium processing of an immigrant petition?
- Affords a sense of certainty in the "green card" process and employee feels supported
- Retention of priority date; may be transferred among alternate I-140 immigrant classifications upon approval
- Availability of three-year extensions of H-1B stay beyond six-year limit in cases of immigrant visa per country quota backlogs (versus one-year extensions - potential cost savings)
USCIS Nebraska Service Center Provides Clarification Regarding Concurrent Filings
The Nebraska Service Center has confirmed that it is accepting concurrent filings of I-140s and I-485s for I-140s eligible for premium processing. The I-140 will be processed pursuant to the premium processing program and the I-485 and any concurrently filed I-765 and I-131 applications will be processed pursuant to regular processing timelines. Remember that the beneficiary of the I-485 application must have an immigrant number immediately available to qualify for the concurrent filing.
Announces Elimination of Naturalization Application Backlog
On September 15, 2006, USCIS announced the elimination of the backlog of N-400 naturalization cases. The processing times for these cases has fallen from an average of 14 months to a new low of about five months. In order to reach this milestone, USCIS processed approximately 342,290 backlogged cases.
USCIS Announces Termination of Temporary Protected Status (TPS) for Nationals of Liberia
On September 20, 2006, USCIS announced the termination of TPS for nationals of Liberia, effective October 1, 2007. Those Liberian nationals who have already received TPS benefits are required to re-register to maintain their TPS benefits through September 23, 2007. TPS benefits include temporary protection against removal from the United States and employment authorization during the TPS designation period.
Department of State Updates
DOS Announces 2008 Diversity Visa Lottery
On September 19, 2006, DOS announced that it will be accepting applications for the 2008 Diversity Visa (DV) lottery between October 4, 2006, and December 3, 2006. Applicants may access the electronic Diversity Visa entry form at www.dvlottery.state.gov. Up to 55,000 Diversity Visas can be granted each year to persons from countries with low rates of immigration to the United States. Applicants are encouraged to apply early in the registration period, as heavy demand may result in Web site delays. No entries will be accepted after noon EST on December 3, 2006. In addition, paper entries are not accepted. For general information, including a list of countries whose nationals are eligible to participate in the DV lottery program, visit the Department of State Web page at http://www.state.gov/r/pa/prs/ps/2006/72835.htm.
Department of Labor Updates
On September 11, 2006, the Department of Labor updated its Web site to include an online BEC case status system, and information regarding how to resolve cases for which there has been no contact from a Backlog Elimination Center (BEC). The DOL announced that the BECs have completed issuance of all 45-day receipt letters. As of the beginning of September, approximately 50 percent of the 362,000 cases have been completed. DOL anticipates completing adjudication of all backlogged applications by the end of September 2007.
To check the status of a pending application, visit www.pbls.doleta.gov/pbls_pds.cfm.
If you have not had contact from the BEC regarding your case, you must submit an inquiry to the DOL by October 11, 2006. Contact information and further instruction can be found at http://workforcesecurity.doleta.gov/foreign/times.asp.
On October 6, 2006, DOL announced that labor certifications filed prior to March 28, 2005, under the Traditional Recruitment (TR) process can be converted to the Reduction in Recruitment (RIR) process, which means that rather than follow a specific set of recruitment steps outlined by the DOL, an employer can provide documentation demonstrating a pattern of recruitment has been established within the six months preceding the date the conversion request is received by the BEC. There is no specific date by which an employer may request RIR conversion; however, once the Backlog Elimination Center has begun the traditional recruitment processing, the application is no longer eligible for RIR conversation. Supporting documentation required for conversion to RIR processing includes a written request for conversion, documentation of the recruitment that was undertaken, a description of the recruitment process and the results of the recruitment process, and contact information regarding the application, including an e-mail address where a reply to the RIR conversion request can be sent. Further information can be found at http://workforcesecurity.doleta.gov/foreign/.
Duane Morris Immigration Attorneys Update
The Duane Morris Immigration Practice Group is excited to announce the arrival of Tina Sharma, who joins us as a partner. Ms. Sharma practices in the area of immigration law, with a focus on advising and representing clients in the technology industry with business immigration issues. Ms. Sharma has experience with counseling clients on immigration issues arising from corporate reorganizations, mergers, name changes and layoffs; H-1 and L-1 visas; public access and I-9 program improvement; political asylum; consular processing; international adoptions; family-based immigration cases; and defense of removal issues. Ms. Sharma is a member of the American Immigration Lawyers Association, the Network of Indian Professionals, the American, Maryland and New York State bar associations, and the Association of American Lawyers from the Indian Subcontinent. Admitted to practice in the District of Columbia, New York, New Jersey and Maryland, Ms. Sharma is a 1993 graduate of Fordham University Law School and a 1990 graduate of Georgetown University.
For Further Information
If you have any questions about this Alert or would like more information, please contact one of the attorneys in our Immigration Law Practice Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
