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A QUARTERLY UPDATE ON IMMIGRATION LAW FROM MEYNER AND LANDIS LLP In this Issue:
DOS TO END REVALIDATIONS IN U.S., EXCEPT FOR The Department of State ("DOS") DOS has announced the discontinuation of its domestic visa reissuance service for certain nonimmigrant visas in the United States. Nonimmigrant visas issued under section 101(a)(15) C, E, H, I, L, O and P of the Immigration and Nationality Act will be affected by this suspension. The DOS will not accept new applications from applicants seeking to renew C, E, H, I, L, O or P visas after July 16, 2004. To be processed, applications must be received by the application acceptance facility in St. Louis by July 16, 2004. Any application received after this date will be returned, using the sender's required self-addressed, stamped envelope or pre-paid courier airbill. In other words, the deadline is for the physical receipt of the application and does NOT depend on postmarking! Thereafter, ONLY applications pending for 221(g) responses will be entertained, and those responses MUST be received by close of business on September 30, 2004. Again, the measure is physical receipt, not postmarking (unless otherwise announced). Please note that the DOS ceased processing applications for reissuance of A-3, G-5 and NATO-7 visas in the United States in September 2002. The DOS will continue to receive applications for reissuance of qualifying diplomatic and official visas in Washington, DC in (classifications A-1, A-2, G-1, G- 2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 and NATO-6). 22 CFR 41.111(b) authorizes the Deputy Assistant Secretary for Visa Services or any other person he or she designates to reissue nonimmigrant visas, in their discretion. The original purpose of this authority was to provide nonimmigrant services to foreign government officials and to international organization employees. Over time, the authority was extended to include reissuances in the C, E, H, I, L, O and P visa classifications. The DOS recognizes that the domestic reissuance of business-related visas to applicants in the United States has been a convenience to the international business community. However, the DOS notes that it is discontinuing the reissuance of visas in these categories because of increased interview requirements and the requirement of Section 303 of the Enhanced Border Security and Visa Entry Reform Act (Pub. L. 107- 173, 116 Stat. 543) that U.S. visas issued after October 26, 2004, include biometric identifiers. The DOS indicates that it is not feasible for the Department to collect the biometric identifiers in the United States. In an attempt to mitigate the inconvenience to applicants, the DOS will direct all visa adjudicating posts to accommodate on a priority basis applicants who would have benefited from the DOS' visa reissuance services. Visa interview appointments may be made for some posts through Internet sites or by telephone. Additional information regarding posts and visa interview appointment systems may be found at http://usembassy.state.gov/. DOS encourages all applicants to apply in their home countries. DOS' visa adjudicating posts in Mexico and Canada have some capacity to accept nonimmigrant visa applications from stateside applicants. In all cases, applicants should obtain an interview appointment before traveling. H-1B "CAP GAP" NOTICE SENT TO OMB On June 18, 2004, the Department of Homeland Security sent to the Office of Management and Budget (OMB) a draft notice titled "Supplemental Information Regarding the H-1B Numerical Limitation for FY 2004 Affecting F Nonimmigrants". This appears to be the long-awaited notice to enable duration of status students seeking change of status to H-1B to be regarded as maintaining nonimmigrant status until new H-1B numbers are available in October. It is not yet known whether D/S statuses other than F will be affected, or whether there will be a solution for change of status applications that already have been denied. More information will be posted as it is obtained. OMB generally has up to 90 days to review a notice or regulation, after which it should be either revised, withdrawn or published in the Federal Register. Often, notices that are not regulation changes (which is the case here) will take less than 90 days at OMB. INDIA POSTS TO DISCONTINUE NIV DROP BOX The U.S. Embassy in New Delhi will soon issue a press release announcing the end of the Drop Box procedure for non-immigrant visa applications at all four consular posts in India. The last day for the NIV drop-box in Chennai will be June 30, 2004. As a special concession to the business community, members of the Chennai Business Executive Program ("BEP") may continue submitting non-immigrant visa applications to TT Services under the normal BEP procedures until July 15th, 2004. As of July 16, all non-immigrant visa applications in Chennai will require an appointment for a personal interview with a consular officer. Any non-immigrant visa applications received by TT Services after close of business July 15 will be returned so that the applicant may schedule an appointment for a personal interview. The reason for ending the drop-box facility is that beginning in July 2004, U.S. consular sections in India will start electronically collecting biometric data (scanning index fingerprints) from all visa applicants, except those traveling on official government business or who are under age 14 or over age 79. The scanned fingerprint data collected at time of visa application will be compared with fingerprint scans at the U.S. port of entry to prevent the use of U.S. visas by imposters and by those wanted for criminal offenses. This is a worldwide program required by U.S. law and has already been implemented in more than 150 U.S. Consular sections around the world. The U.S. visa offices in Frankfurt, Brussels, San Salvador, and Guatemala were the first posts to begin this program on September 22, 2003. Additional guidance will be forthcoming in the BEP when biometrics goes live. With biometrics implementation, the BEP will continue to be an important and significant program. Apart from the personal appearance requirement, there will be no substantial changes in the program. USCIS ANNOUNCES BACKLOG ELIMINATION STRATEGY U.S. Citizenship and Immigration Services ("USCIS") has announced that it is streamlining the way immigration benefits are delivered. USCIS will strive to eliminate the backlog and, at the same time, enhance national security. The Agency intends to eliminate the backlog and ensure a six-month or less processing time by the end of 2006. The USCIS backlog elimination plan focuses on three objectives:
Based upon a cycle time of up to six months (the amount of time needed to process an immigration application), the USCIS backlog at the end of FY 2003 was 3.7 million cases and included all cases that exceed their cycle time. Each year, USCIS receives roughly six million applications. During the next three years, USCIS intends to eliminate the 3.7 million backlogged cases by changing the culture through which immigration services and benefits are administered. USCIS INITATIVES New Management Tools
Better Technology
Improve Policies and Procedures
Portions of this newsletter have been reprinted with permission from AILA The material contained in this newsletter is for informational purposes and should not be considered legal advice. |
The immigration law practice of Meyner and Landis LLP provides a full scope of immigration law services. This includes representation of large and small businesses seeking to recruit and retain foreign nationals to meet staffing goals; foreign nationals seeking work or trader or investor opportunities or wanting to achieve family reunification; and foreign nationals in deportation proceedings, including those who face removal from the U.S. due to criminal convictions.
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